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3. On May 11, 2016, the Division sent the Operator the May 9, 2016 <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 /> May 25, 2016 hearing. <br /> 4. On May 19, 2016, 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. (2015). <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." <br /> 7. The material the Operator removed and transported from the Arnold <br /> Pit No. 1 and used in a construction project constitutes "construction material," as <br /> defined by section 34-32.5-103(3), C.R.S. and Rule 1.1(11). <br /> 8. The activities of the Operator, which included extraction of <br /> construction material from its natural occurrence and transportation of construction <br /> material, constitute a "mining operation," as defined by section 34-32.5-103(13), <br /> C.R.S., for which a reclamation permit is required by section 34-32.5-109, C.R.S. <br /> 9. By affecting approximately two acres of land to extract clay for an off- <br /> site construction project, the Operator engaged in a mining operation before first <br /> obtaining a reclamation permit, in violation of section 34-32.5-109(1), C.R.S. <br /> 10. 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 of engaging in a <br /> mining operation without a permit occurs. C.R.S. § 34-32.5-123(2) (2015). Here, the <br /> Board may impose a penalty based on seventeen days of violation at $1,000 to <br /> $5,000 per day for a civil penalty of$17,000 to $85,000. <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 /> Arnold's Custom Seeding <br /> Arnold's Pit No. 1/M-2016-022 <br /> MV-2016-030 2 <br />