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4. On June 10, 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 from the Chavers Mining Resource <br /> constitutes "overburden," as defined by section 34-32.5-103(17), C.R.S. and Rule 1.1(11) of <br /> the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br /> Extraction of Construction Materials. <br /> 8. The Operator's activities at the site, include the removal of overburden from <br /> its natural occurrence in order to prepare a site for the removal of sand and gravel, <br /> constitute "development" of a "construction material," as defined by section 34-32.5- <br /> 103(3) and (5), C.R.S. <br /> 9. The activities of the Operator, which included development of a <br /> construction material, constitute a "mining operation," as defined by section 34- <br /> 32.5-103(13), C.R.S., for which a reclamation permit is required by section 34-32.5- <br /> 109, C.R.S. <br /> 10. By affecting approximately twenty-five acres of land to remove <br /> overburden for development of a construction material, the Operator engaged in a <br /> mining operation before first obtaining a reclamation permit, in violation of section <br /> 34-32.5-109(1), C.R.S. <br /> 11. 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 twenty-seven days of violation at $1,000 to <br /> $5,000 per day for a civil penalty of$27,000 to $135,000. <br /> 12. In addition to the civil penalties imposed pursuant to section 34-32.5- <br /> 123(2), C.R.S., the Board may impose a civil penalty in an amount not less than the <br /> amount necessary to cover costs incurred by the Division in investigating the <br /> violation. C.R.S. § 34-32.5-123(4) (2015). The Division spent 16 hours investigating <br /> this violation at a cost of$56.64 per hour for a total of$906.24. <br /> Asphalt Specialties Co., Inc. <br /> Chavers Mining Resource/M-2015-030 <br /> MV-2016-034 2 <br />