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5. The Operator does not possess a reclamation permit for the site. <br />6. On July 30, 2014, the Operator admitted the violation in writing and <br />agreed to the Division's recommendations. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2013). <br />8. An operator who transports construction materials on affected land <br />may be found to be engaging in a mining operation. C.R.S. § 34- 32.5- 103(13) (2013). <br />Before engaging in a new mining operation, operators must obtain a reclamation <br />permit. C.R.S. § 34- 32.5- 109(l) (2013). <br />9. The Operator engaged in a new mining operation before obtaining a <br />reclamation permit, in violation of section 34- 32.5- 109(1), C.R.S. <br />10. Pursuant to section 34- 32.5- 123(1), C.R.S., the Board may issue a cease <br />and desist order if it determines that an operator or person failed to obtain a permit <br />before engaging in a mining operation. The Operator failed to obtain a permit <br />before conducting mining operations. <br />11. The Board may impose a civil penalty of not less than $1,000 per day <br />nor more than $5,000 per day for each day during which a violation occurs. C.R.S. <br />§ 34 -32.5- 123(2) (2013). The Board may impose a penalty against the Operator based <br />on 48 days of violation (from the inspection date to the August 20, 2014 Board <br />hearing) at $1,000 to $5,000 per day for a civil penalty of $48,000 to $240,000. <br />12. Pursuant to section 34- 32.5- 123(4), C.R.S., the Board may assess, in <br />addition to any other civil penalties, a civil penalty in an amount not less than the <br />amount necessary to cover costs incurred by the Division in investigating the <br />alleged violation. The Division's costs in investigating this matter total $453.12 <br />(eight hours at $56.64 per hour). <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 exportation of <br />construction materials from the Rock Borrow Site, with the exception of off -site <br />Conejos County <br />M -2014 -031 <br />MV -2014 -025 <br />2 <br />