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12. The Division testified that it spent 30 hours on this matter, at the cost <br />of $56.64 an hour, incurring costs of $1699.20 in the investigation of the violation. <br />CONCLUSIONS OF LAW <br />13. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act for the Extraction of Construction Materials, Article <br />32.5 of Title 34, C.R.S. (2014). <br />14. "Mining operation" is defined as "the development or extraction of a <br />construction material from its natural occurrences on affected land." § 34-32.5- <br />103(13), C.R.S. (2014). "Construction material" means "rock, clay, silt, sand, gravel, <br />limestone, dimension stone, marble or shale extracted for use in the production of <br />nonmetallic construction products." § 34-32.5-103(3), C.R.S. (2014). Mr. <br />Raftopoulos engaged in a "mining operation" by extracting construction material <br />from its natural occurrence to build an earthen dam that rerouted the flow of <br />Vermillion Creek, and to build a road and ramps to a bridge structure over <br />Vermillion Creek. <br />15. An operator is required to obtain a reclamation permit from the Board <br />prior to engaging in a new operation. § 34-32.5-109(1), C.R.S. (2014). Mr. <br />Raftopoulos 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 />15. Pursuant to section 34-32-123(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 operating a mining operation. The Board determined that Mr. Raftopoulos <br />failed to obtain a permit before operating a mining operation on the Vermillion <br />Creek Borrow Area. <br />16. Pursuant to section 34-32.5-123(2), C.R.S., the Board may impose a civil <br />penalty of not less than $1,000 per day nor more than $5,000 per day for each day the <br />land has been affected. The Board may impose a civil penalty against Mr. <br />Raftopoulos based on forty-nine (49) days of violation (from the July 8, 2015 <br />inspection to the August 26, 2015 Board meeting) at $1,000 to $5,000 per day for a <br />civil penalty of $49,000 to $245,000. <br />17. In addition to the civil penalty authorized by §34-32.5-123(2), the <br />Board is authorized to impose an additional civil penalty in an amount not less than <br />the amount necessary to cover costs incurred by the Division in investigating the <br />alleged violation. § 34-32.5-123(4), C.R.S. Here, the Board spent thirty (30) hours <br />investigating the alleged violation by Mr. Raftopoulos at the rate of $56.64 per hour, <br />for a total of $1,699.20. <br />John Raftopoulos <br />Vermillion Creek Borrow Area/M-2015-027 <br />MV -2015-016 <br />3 <br />