Laserfiche WebLink
and aerial imagery, the Division determined that the Operator affected two areas of <br />land, totaling 7.06 acres, outside the approved permit boundary. <br />3. During the inspection, the Division also noted apparent possible <br />violations or problems for missing or incorrectly placed boundary markers and <br />failure to employ weed control methods. At the hearing, the Division clarified that <br />the apparent violations were only potential and that the Division was not citing the <br />Operator on those issues at this time. <br />4. On June 12, 2015, the Division sent the Operator the April 24, 2015 <br />inspection report and a Reason to Believe a Violation Exists letter. The Division's <br />letter provided notice regarding the alleged violations and information about the <br />July 29, 2015 hearing. <br />5. On June 25, 2015, the Operator admitted the violation and agreed to <br />the Division's recommendations to the Board. <br />CONCLUSIONS OF LAW <br />6. 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). <br />7. 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." Further, an <br />operator who mines substantial acreage beyond the permit boundary may be found <br />to be operating without a permit. C.R.S. § 24-32.5-123(2) (2014). By disturbing <br />more than two (2) acres outside the approved permit boundary, the Operator mined <br />substantial acreage beyond the permit boundary and, therefore, engaged in a new <br />operation without first obtaining a reclamation permit, in violation of section 34- <br />32.5-109(1), C.R.S. <br />8. 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) (2014). Here, the Board may impose a penalty based on forty-seven <br />(47) days of violation (from the April 24, 2015 inspection to the July 29, 2015 <br />hearing) at $1,000 to $5,000 per day for a civil penalty of $47,000 to $235,000. <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 />Tony J. Beltramo and Sons, Inc. <br />M-1998-101 <br />MV -2015-011 <br />F, <br />