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CONCLUSIONS OF LAW <br />20. 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) ("Act"). <br />21. Rule 6.4.14 of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials <br />("Rules") requires operators to provide "[t]he source of the Operator's/Applicant's <br />legal right to enter and initiate a mining operation on the affected land." Operator's <br />failure to maintain a legal right to enter and initiate a mining operation on the site <br />constitutes a violation of Rule 6.4.14. <br />22. Pursuant to section 34-32.5-124(1), C.R.S. the Board may require <br />corrective action if it determines that a permit or regulation has been violated. The <br />Operator's failure to maintain a legal right to enter and initiate a mining operation <br />on the permit area constitutes a violation of Rule 6.4.14. <br />23. Operator's violation of Rule 6.4.14 constitutes a violation of his <br />performance warranty, which is part of the permit. <br />24. Pursuant to section 34-32.5-124(7), C.R.S. the Board may issue a cease <br />and desist order if it determines that a provision of the Act or Rules has been <br />violated. The Operator's failure to maintain a legal right to enter and initiate a <br />mining operation on the site constitutes a violation of Rule 6.4.14. Operator has <br />never entered or initiated a mining operation on the site. <br />25. Pursuant to section 34-32.5-124(7), C.R.S. the Board may impose a <br />civil penalty of not less than $100 per day nor more than $1,000 per day for each <br />day during which the violation occurs. The Board may impose a civil penalty <br />against the Operator based on thirty-seven days of violation (from the July 17, 2017 <br />letter to the August 23, 2017 Board meeting) at $100 to $1,000 per day for a civil <br />penalty of $3,700 to $37,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds Kym A. Schure in violation of Rule 6.4.14 for failure to maintain a <br />legal right to enter and initiate a mining operation, and pursuant to section 34-32.5- <br />124(1), C.R.S. for failing to comply with the conditions of a permit or regulation. <br />The Operator shall CEASE AND DESIST any further activity all lands where <br />the surface is owned by Deborah Hradecky or her successor, with the exception of the <br />25 -yard sand and gravel reserve area described in the Correction Deed. <br />Kym A. Schure <br />M-1986-074 <br />W-2017-046 <br />-01 <br />