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6. 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 /> 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 28.4 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$5,000 per day fox 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-four days of violation (from <br /> the date 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 /> 0RQER <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 shail CEASE AND DESIST any fw ther.activities at the site,except those <br /> activities approved by the Division,in writing,until corrective actions have been resolved <br /> to the satisfaction of the Division and the Board. <br /> The Board imposes against the Operator the following CORRECTIVE ACTION: the <br /> Operator shall: <br /> A. submit an interim financial warranty of$15,000.00 within 30 days of <br /> the mailing date of the Board Order to cover the reclamation costs associated with <br /> existing unapproved disturbances (determined by a$2,500.00 per acre average) <br /> and <br /> B. file a conversion application to increase the size of the current 110c <br /> reclamation permit to include the affected lands outside of the approved permit <br /> boundary. The Operator shall file the conversion application within 90 days of the <br /> rmaik g ate of the Board Order,with all material in an approvable form within 180 <br /> days,of the mailing date ofthe Board Order.The conversion application shall include <br /> information regarding the importation of material for processing and/or backfilling. <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 /> Colorado Backhoe Service <br /> M-2009-074 <br /> MV-2017-009 2 <br />