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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. (2014) ("Act"). <br />6. Section 34-32.5-109(1), C.R.S., provides that "[b]efore engaging in a <br />new operation, an operator shall first obtain from the board or office a reclamation <br />permit pursuant to section 34-32.5-110, 34-32.5-111, or 34-32.5-112." By disturbing <br />more than two (2) acres outside the approved permit boundary, Operator engaged in <br />a new operation without first obtaining a reclamation permit, in violation of section <br />34-32.5-109(1), C.R.S. <br />7. The Board may impose a civil penalty of not less than $1,000 per day <br />or more than $5,000 per day for each day during which a violation occurs. C.R.S. <br />§ 34-32.5-123(2) (2012). Here, the Board may impose a penalty based on sixty-two <br />(62) days of violation (from the March 26, 2015 inspection to the May 27, 2015 <br />hearing) at $1,000 to $5,000 per day for a civil penalty of $62,000 to $310,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34-32.5-109(1), C.R.S. for engaging in a new <br />mining operation without first obtaining a reclamation permit. <br />The Operator shall CEASE AND DESIST any further activities on the lands <br />affected outside the approved permit boundary, with the exception of environmental <br />maintenance, reclamation, or corrective actions, until the violation has been <br />resolved to the satisfaction of the Division and the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit an application to convert the 110c permit to a <br />112 permit to include the affected lands outside the current permit boundary. The <br />Operator shall submit the conversion application with ninety (90) days of the <br />effective date of this Order, with all material in an approvable form within one <br />hundred eighty (180) days from the effective date of this Order. <br />The Board imposes a CIVIL PENALTY for sixty-two (62) days of violation at <br />$1,000 per day for a total civil penalty of $62,000. All but $500 of the penalty is <br />suspended if the Operator complies with the corrective action within the time <br />specified. The portion of the civil penalty not suspended, $500, shall be due and <br />payable within thirty (30) days of the effective date of this Order. If the Operator <br />fails to timely complete the corrective action stated in this Order, the suspended <br />Kit Carson County <br />M-1998-060 <br />MV -2015-010 <br />2 <br />