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CONCLUSIONS OF LAW <br /> 5. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclarnation Act for the Extraction of Construction Materials,Article 32_5 of Title 34,C.R.S. <br /> (2016), <br /> 6. The material-that the Gperator°extracted`or developed at the site corrstitutes <br /> a"construction material"as that term is defined in section 34-32.5-103(3), C.R.S. <br /> 7. 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 29.4 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 /> 8. 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 /> 9. The Board may impose a civil penalty of not less than$1,000 per day or more <br /> than$5,0D0 per day for each day during which a violation occurs. C.RS. §34-32.5-123(2) <br /> (2016). Here,the Board may impose a penalty based on thirty-four days of violation (from <br /> the elate of the Reason to Believe letter to the April 27, 2017 Board meeting)at$1,000 to <br /> $5,000 per day for a civil penalty of$34,000 to$170,000. <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.RS.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 further mining activities,except those <br /> activities approved by the Division,in writing,as necessary to comply with the conditions <br /> of a froard Order,prevent damage to off-site--areas,or to protect public health and safety, <br /> until corrective actions have been resolved to the satisfaction of the Division and the Board. <br /> The Board imposes againstthe Operator the following CORRECTIVE ACTION: the <br /> Operator shall submit a permit amendment application to increase the size of the current <br /> 112c reclamation permit to include,at a minimum,the affected lands outside of the <br /> approved permit boundary. The Operator shall submit an amendment application <br /> complete for filing purposes within ninety days of the mailing date of'this Order. <br /> The Board imposes a CIVIL PENALTY for thirty-four days of violation at$1,000 per <br /> day for a total civil penalty of$34,000. All but$1,000 of the penalty is suspended if the <br /> Operator complies with this Order within the time specified. The portion of the civil <br /> penalty not suspended,$1,000,shall be due and payable within thirty days of the effective <br /> date of this Order. If the Operator fails to timely comply with this Order,the suspended <br /> Bestway Concrete Company <br /> M-1983-090 <br /> MV-2017-010 2 <br />