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4. On August 4, 2014, the Operator admitted the violation and agreed to <br />the Division's recommendations to the Board. <br />CONCLUSIONS OF LAW <br />5. 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 />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). The Operator's mining disturbance of land outside the permit boundary, <br />affecting more than two acres, constitutes mining substantial acreage beyond the <br />approved permit boundary for permit number M- 2013 -018. <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(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 />9. 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 ninety -two (92) days of violation (from the May 21, <br />2014 inspection to the August 20, 2014 Board meeting) at $1,000 to $5,000 per day <br />for a civil penalty of $92,000 to $460,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds Pine Bluffs Gravel & Excavating, Inc. in violation of section 34 -32.5- <br />109(1), C.R.S. for failing to obtain a reclamation permit prior to engaging in a new <br />mining operation. <br />The Operator shall CEASE AND DESIST any further activity on lands <br />affected outside the approved permit boundary, with the exception of environmental <br />maintenance, reclamation, or corrective actions until the Operator complies with the <br />corrective actions and pays the civil penalty imposed by this Order. <br />Pine Bluffs Gravel & Excavating, Inc. <br />M -2013 -018 <br />W- 2014 -024 <br />2 <br />