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5. On June 15, 2018, the Division sent operator a Reason to Believe a <br />Violation Exists and Notice letter for failure to obtain a reclamation permit from the <br />Board before engaging in a new mining operation. The Division's letter provided <br />notice regarding the alleged violation and information about the July 2018 hearing. <br />6. At the hearing, the Elliott Russell testified on behalf of the Division. <br />Mr. Russell described the site and the Operator's excavation of construction <br />materials from the site and use of those materials in a construction project in <br />Trinidad. <br />7. Joe Montoya testified on behalf of Operator. Mr. Montoya admitted <br />that he had excavated borrow material and used it in a construction project as <br />described by the Division. Mr. Montoya indicated, that he was willing to comply <br />with the permitting requirements and that he was unaware of those requirements <br />at the time he began the operation. <br />CONCLUSIONS OF LAW <br />8. 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. (2018) ("Act"). <br />9. The Operator conducted a new mining operation without first obtaining <br />a permit, in violation of section 34-32.5-109(1), C.R.S. <br />10. Pursuant to section 34-32.5-123(1), C.R.S., the Board may issue an <br />immediate cease and desist order if an operator fails to obtain a permit. The <br />Operator violated section 34-32.5-109(1), C.R.S. by failing to obtain a permit before <br />conducting a new mining operation. <br />11. The Board may impose a civil penalty of not less than $1,000 per day <br />nor more than $5,000 per day for each day during which a violation occurs. C.R.S. <br />§ 34-32.5.123(2) (2018). The Board may impose a penalty against the Operator based <br />on 40 days of violation of section 34-32.5.109(1), C.R.S. at $1,000 to $5,000 per day for <br />a civil penalty of $40,000 to $200,000. <br />12. The Board shall also assess a civil penalty for the Division's costs for <br />investigating the alleged violations. C.R.S. § 3432.5-123(4) (201.8). The Board will <br />impose an additional civil penalty for 6 hours of investigation time at $56.64 per hour <br />for a total of $339.84. <br />White Wolf Construction & Landscaping, LLC <br />M-2018-029 <br />MV -2018-029 <br />