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6. "An operator who mines substantial acreage beyond the approved <br />permit boundary may be found to be operating without a permit." C.R.S. § 34 -32.5- <br />123(2), C.R.S. The Operator's mining disturbance of land outside the permit <br />boundary, affecting more than two acres, constitutes mining substantial acreage <br />beyond the approved permit boundary for permit number M- 2008 -035. <br />7. By mining substantial acreage beyond the approved permit boundary, <br />the Operator engaged in a mining operation without first obtaining a reclamation <br />permit, in violation of section 34 -32.5- 109(1), C.R.S. <br />8. Pursuant to section 34 -32.5- 123(2), C.R.S., the Board may impose a <br />civil penalty of not less than $1,000 per day nor more than $5,000 per day for each <br />day during which the violation occurs. The Board may impose a civil penalty <br />against the Operator based on forty -two (42) days of violation (from the inspection <br />date to the August 20, 2014 hearing) for a civil penalty of $42,000 to $210,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34 -32.5- 109(1), C.R.S. for failing to <br />obtain a reclamation permit prior to engaging in a new mining operation. <br />The Operator shall CEASE AND DESIST any further activity on affected <br />lands outside the approved permit boundary, with the exception of environmental <br />maintenance, reclamation, or corrective actions, until violations have been resolved <br />to the satisfaction of the Division and the Board. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: the Operator shall file with the Division an amendment application to <br />increase the size of the current 112 reclamation permit to include the affected lands <br />outside the approved permit boundary. The Operator shall submit the amendment <br />application within ninety (90) days of the effective date of this Order, with all <br />materials in an approvable form within one hundred eighty (180) days of the <br />effective date of this Order. <br />The Board imposes a CIVIL PENALTY for forty -two (42) days of violation at <br />$1,000 per day for a civil penalty of $42,000.00. All but $500.00 of the $42,000.00 <br />civil penalty is suspended if the Operator complies with the corrective action. <br />Failure to complete the corrective action within the time provided in this Order <br />shall result in the suspended civil penalty ($41,500.00) becoming effective and due <br />within thirty (30) days of the deadline for the corrective action. The portion of the <br />civil penalty not suspended ($500.00) shall be due and payable within thirty (30) <br />days of the effective date of this Order. Failure to submit any portion of the civil <br />Yuma County <br />M -2008 -035 <br />MV -2014 -030 2 <br />