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7. On April 29, 2016, the Division mailed Operator a Reason to Believe a <br /> Violation Exists letter and Notice of Board Hearing citing the potential violation as <br /> the failure to obtain reclamation pe�mit from the Board or the Division prior to <br /> engaging in a new operation on the basis that Operator affected more than two <br /> acres beyond the permit boundary. <br /> 8. On June 6, 2016, Operator admitted the violation and agreed to the <br /> Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials ("Act"), Article <br /> 32.5 of Title 34, C.R.S. <br /> 10. Pursuant to section 34-32.5-123(2), C.R.S., an operator who mines <br /> substantial acreage beyond an approved permit boundary may be found to be <br /> operating without a permit. The Division and the Board consider mining more than <br /> two acres beyond a permit boundary to constitute "substantial acreage." The Operator <br /> affected approximately 7.2 acres of land outside the approved permit boundary. <br /> 11. Before engaging in a new mining operation, an operator must first <br /> obtain a reclamation permit from the Board or the Division. section 34-32.5-109(1), <br /> C.R.S. By affecting more than two acres beyond the permit boundary, Operator has <br /> engaged in a new mining operation without first obtaining a reclamation permit, in <br /> violation of section 34-32.5-109(1), C.R.S. <br /> 12. 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 a provision of the Act has been violated. <br /> Operator violated section 34-32.5-109(1), C.R.S. <br /> 13. 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 $5,000.00 per day for each day <br /> during which a permit violation of mining without a permit occurs. The Board may <br /> impose a civil penalty against the Operator based on 54 days of violation (from the <br /> signature date of the April 29, 2016, inspection report to the June 22, 2016, Board <br /> meeting) at $1,000 to $5,000 per day for a civil penalty of$54,000 to $270,000. <br /> ORDER <br /> Based on the foregoing Findings of Fact and Conclusions of Law, the Board <br /> hereby finds Ritchey's Redi-Mix Concrete, Inc. in violation of section 34-32.5-109(1), <br /> C.R.S. for engaging in a new mining operation without first obtaining a reclamation <br /> permit from the Board or the Division. <br /> Ritchey's Redi-Mix Concrete, Inc. <br /> Kreshmeyer Pit/M-2005-070 <br /> MV-2016-036 2 <br />