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5. On July 12, 2016, 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. (2015). <br /> 7. 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 13.62 acres of land outside the approved permit boundary. <br /> 8. Before engaging in a new mining operation, an operator must first <br /> obtain a reclamation permit from the Board or the Division. C.R.S. § 34-32.5- <br /> 109(1). By affecting more than two acres beyond the permit boundary, the Operator <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 /> 9. 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 /> 10. Pursuant to section 34-32.5-123(2), C.R.S., the Board may impose a civil <br /> penalty of not less than one thousand dollars ($1,000) per day nor more than five <br /> thousand dollars ($5,000) per day for each day the land has been affected. In this <br /> case, the Board may impose a civil penalty against the Operator based on 37 days of <br /> violation (from the date of the Reason to Believe letter to the July 27, 2016 Board <br /> meeting) at $1,000 to $5,000 per day for a civil penalty range of$37,000 to $185,000. <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 /> The Operator shall CEASE AND DESIST any further mining related activity <br /> on affected lands outside the approved permit boundary until all corrective actions <br /> set forth in this order are complete to the satisfaction of the Division and the Board. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall, within ninety days of the effective date of this Order, <br /> Park County, Colorado <br /> Wright Pit/M-1986-140 <br /> MV-2016-048 2 <br />