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4. On December 21,2016,the Division mailed the Operator a signed copy of <br /> the Reason to Believe a Violation Exists letter. The Division's letter provided notice <br /> regarding the alleged violations and information about the January 25,2017 hearing. <br /> S. The mining plan for permit number M-1991-037 states Lhat Lhe affected <br /> lands would be limited to areas which were historically disturbed and free of vegetation, <br /> with no removal of timber. <br /> 6. On January 11,2016,the Division received a letter from Ben Langenfeld of <br /> Greg Lewicki and Associates on behalf of the Operator,stating: "High Speed Mining <br /> acknowledges that some activity has taken place south of the southern permit boundary of <br /> the current.permit. This is the only area of outside the peraut disturbance thathas taken <br /> place on site,as shown on the attached site map. It is roughly 1.7 acres." <br /> 7. At the hearing, Mr.Langenfeld testified that the Operator admits that land <br /> outside the permit boundary was disturbed,but disputes the amount of land disturbed <br /> beyond the permit boundary. The Operator testified that the amount of disturbed land is <br /> not more than 1.7 acres. The Operator testified that it did not hire a professional land <br /> surveyor to stake the permit boundary. <br /> 8. The Division testified at the hearing that the southern boundary represented <br /> on a photograph from the Operator is too far south of the actual line,which accounts for the <br /> Operator's belief that only 1.7 acres has been disturbed. <br /> 9. The Division testified that it spent ten hours on this matter,at the cost of <br /> $56.64 an hour,incurring costs of$567.00 in the investigation of the violation. <br /> CONCLUSIONS OF LAW <br /> 10. The Board has jurisdiction over this matter pursuant to the Colorado Mined <br /> Land Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, <br /> C.R.S. (2016). <br /> 11. 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 2.4 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.R.S. <br /> 12. Pursuant to section 34-32.5-123(i),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 /> 13. 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-five(35)days of violation <br /> [sigh Speed Mining,LLC <br /> Katuska Pit/M-1991-037 <br /> MV-2017-001 2 <br />