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CONCLUSIONS OF LAW <br /> 5. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction :Materials, Article 32.5 of <br /> Title 34. C.R.S. (2016). <br /> G. 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 <br /> permit." By disturbing 7.3 acres of land beyond the approved permit boundary, the <br /> Operator engaged in a new operation without first obtaining a permit, in violation <br /> of section 34-32.5-109(1), C.R.S. <br /> 7. Pursuant to section 34-32.5-123(1), C.R.S.. the Board may issue a cease <br /> and desist order when it finds that an operator has failed to obtain a valid permit. <br /> 3. The Board may impose a civil penalty- of not less than $1,000 per day <br /> or more than .$5,000 per day for each day during which a violation occurs. C.R.S. <br /> § 34-32.5-123(2) (2016). here, the Board may impose a penalty based on fifty days <br /> of violation at $1,000 to $5.000 per day- for a civil penalty of$50.000 to $250,000. <br /> ORDER <br /> Based on the foregoing finding` of fact and conclusions of law. the Board finds <br /> the Operator in violation of section 34-32.5-109(1). C.R.S. for failure to obtain from <br /> the board or office a reclamation permit prior to engaging in a new operation. <br /> The Operator shall CEASE AND DESIST any further mining activities <br /> outside of the approved permit boundary. with the exception of the access road and <br /> those activities approved by the Division. in writing, until corrective actions have <br /> been resolved to the satisfaction of the Division and the Board. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall submit a permit amendment application to increase the <br /> size of the current 1.12c Reclamation Permit to include the affected land, outside of <br /> the approved permit boundary. Operator shall file a complete amendment <br /> application within ninety days of the mailing date of this Order, with all material in <br /> an approvable form within statutory- deadlines of the mailing date of this Order. <br /> The Board imposes a CI`'IL PENALTY for fifty days of violation at $1,000 <br /> per day for a total civil penalty- of$50,000. All but $1,000 of the penalty is <br /> suspended if the Operator complies with this Order within the time specified. The <br /> portion of the civil penalty not suspended. $1,000. ,hall be due and payable within <br /> thirty days of the effective date of this Order. If the Operator fails to timely comply <br /> with this Order, the suspended civil penalty, $49,000, NN-111 become due and payable <br /> Daniel J. Gaudreault and Barbara J. Gaudreault <br /> 111-2006-08 1 <br /> NIV-2111--O27 <br />