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6. On November 22, 2016,the Operator admitted the violation and agreed to <br /> the Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction aver this matter pursuant to the Colorado.Land <br /> Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, C.R.S. <br /> (2016). <br /> 8. The material that the Operator extracted or developed at the site constitutes <br /> a"construction material"as that term is defined in section 34-32.5-103(3),C.R.S. <br /> 9. Section 34-32.5-109(1),C.R.S provides that"before engaging in a new <br /> operation,an operator shall first obtain from the board or office a reclamation permit." By <br /> disturbing 5.44 acres of land beyond the approved permit boundary,the Operator engaged <br /> in a new operation without first obtaining a permit, in violation of section 34-32.5-109(1), <br /> C.RS. <br /> 10. Pursuant to section 34-32.5-123(1),C.R.S.,the Board may issue a cease and <br /> desist order when it finds that an operator has failed to obtain a valid permit. <br /> 11. The Board may impose a civil penalty of not less than $1,000 per day or more <br /> than$5,000 per day for each day during which a violation occurs. C.R.S.§ 34-32.5-123(2) <br /> (2016). Here,the Board may impose a penalty based on thirty-seven (37) days of violation <br /> (from the November 8, 2016 Reason to Believe letter to the December 15,2016 nearing) at <br /> $1,000 to$5,000 per day for a civil penalty of$37,000 to$185,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds the <br /> Operator in violation of section 34-32.5-109(1), C.R.S. for failure to obtain from the board <br /> or office a reclamation permit prior to engaging in a new operation. <br /> The Operator shall CEASE AND DESIST any additional disturbances outside of the <br /> existing operations footprint until all required corrective actions are completed. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: the <br /> Operator shall submit a Conversion Application to modify the permit/affected area to <br /> incorporate the entire disturbed area. The Operator shall,within one hundred and eighty <br /> (180)days of the effective date of this Order,obtain an approved Conversion Application <br /> Permit. <br /> The Board imposes a CIVIL PENALTY for thirty-seven (37) days of violation at <br /> $1,000 per day for a total civil penalty of$37,000. All but$500 of the penalty is suspended <br /> if the Operator complies with this Order within the time specified. The portion of the civil <br /> Pioneer Sand Company,Inc. <br /> M-1977-057 <br /> MV-2017-002 2 <br />