2018-01-19_ENFORCEMENT - M2008017

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CONCLUSIONS OF LAW 5. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2017). 6. "An operator who mines substantial acreage beyond the approved permit boundary may be found to be operating without a permit." C.R.S. § 34-32.5- 123(2), C.R.S. Operator's ruining disturbance of land outside the permit boundary, affecting more than two acres, constitutes mining substantial acreage beyond the approved permit boundary for permit number M-2008-011. 7. By mining substantial acreage beyond the approved permit boundary, Operator engaged in a mining operation without first obtaining a reclamation permit, in violation of section 34-32.5-109(1), G.R.S. 8. Pursuant to section 34-32.5-123(2), C.R.S., the Board may impose a civil penalty of not less than $1,000 per day nor more than $5,000 per day for each day during which the violation occurs. The Board may impose a civil penalty against the Operator based on forty-two (42) days of violation (from the inspection date to the August 20, 2014 hearing) for a civil penalty of $42,000 to $210,000. ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby finds the Operator in violation of section 34-32.5-109(1), C.R.S. for failing to obtain a reclamation permit prior to engaging in a new mining operation, and pursuant to section 34-32.5-124, C.R.S. for failing to comply with the conditions of an order, permit, or regulation. The Operator shall CEASE AND DESIST any further mining activity at the site, with the exception of environmental maintenance, reclamation, or corrective actions with the exception of those activities approved by the Division, in writing, as necessary to comply with the conditions of this order, prevent damage to off-site areas, or to protect public health and safety, until violations have been resolved to the satisfaction of the Division and the Board. Such cease and desist order shall not apply to recycling activities within the permit boundary. The Board imposes the following CORRECTIVE ACTION against the Operator: the Operator shall file with the Division an amendment application to increase the size of the current 112c reclamation permit to include, at a minimum, the affected lands outside the approved permit boundary. The Operator shall submit the amendment application, complete for filing purposes, within ninety (90) days of the effective date of this Order. Broken Arrow Investments, LLC M-2008-017 MV -2017-061 ?