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violations of section 34-32.5-109(1),C.R.S.and information about the February 23, 2017 <br /> hearing. <br /> 5. At the hearing,Mr.Robinson testified that the Operator admits that <br /> Operator removed material and stockpiled such material at the top of the ridge,and <br /> removed material from adjacent to the mine access road for use by the operation. Mr. <br /> Robinson further testified that the Operator agrees with the Division that the Operator <br /> needs for a permit to encompass the land disturbed outside the permit boundary. <br /> 6. The Division testified that it spent ten hours on this matter,at the cost of <br /> $56.64 an hour,incurring costs of$566AO in the investigation-of-the violation. <br /> CONCLUSIONS OF LAW <br /> 7. 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 /> 8. 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 6.74 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 /> 9. 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 /> 10. 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-one (31) days of violation <br /> (from the January 23,2017 Reason to Believe letter to the February 23, 2017 hearing) at <br /> $1,000 to$5,000 per day for a civil penalty of$31,000 to$ISS,000. <br /> 17. In addition to the civil penalty authorized by§34-32.5-123(2),the Board is <br /> authorized to impose an additional civil penalty in an amount not less than the amount <br /> necessary to cover costs incurred by the Division in investigating the alleged violation. §34- <br /> 32.5-123(4),C.R.S. Here,the Division spent ten hours investigating the alleged violation at <br /> the rate of$56.64 per hour,for a total of$566.40. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board hereby <br /> finds Robinson Sons,Inc.in violation of section 34-32.5-109(1), C.R.S.for engaging in a <br /> mining operation without first obtaining a reclamation permit. <br /> Robinson Sons,Inc. <br /> Robinson Sons Gravel Pit No.1 <br /> MV-2016-059 2 <br />