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4. On June 10, 2015, 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. (2014) ("Act"). <br />6. The Operator conducted a new mining operation without first obtaining <br />a permit, in violation of section 34-32.5-109(1), C.R.S. <br />7. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that any provision of the Act or any notice, permit, <br />or regulation has been violated. The Operator violated section 34-32.5-109(1), <br />C.R.S. by failing to obtain a permit before conducting a new mining operation. <br />8. The Board may impose a civil penalty of not less than $1,000 per day or <br />more than $5,000 per day for each day during which a violation occurs. C.R.S. § 34- <br />32.5-123(2) (2014). The Board may impose a penalty against the Operator based on <br />36 days of violation of section 34-32.5-109(1), C.R.S. at $1,000 to $5,000 per day for a <br />civil penalty of $36,000 to $180,000. <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 activities at the site, <br />except those activities approved in writing by the Division and that are necessary to <br />either prevent damage to off-site areas or protect health and safety. <br />The Board imposes the following CORRECTIVE ACTION against the <br />Operator: the Operator shall, within one hundred eighty (180) days of the effective <br />date of this Order, obtain a reclamation permit from the Division. <br />The Board imposes a CIVIL PENALTY for 36 days of violation at $1,000 per <br />day for a civil penalty of $36,000. All but $500 of the civil penalty is suspended if <br />the Operator complies with the corrective action in the time specified. The portion <br />of the civil penalty that is not suspended, $500, shall be due and payable within <br />thirty (30) days of the effective date of this Order. Failure to timely complete the <br />corrective action set forth above shall result in the suspended civil penalty ($35,500) <br />becoming due and payable in full. Failure to submit the unsuspended portion of the <br />Todd Haynes <br />M-2015-024 <br />AW -2015-012 <br />2 <br />