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disturbed areas and the buildings identified by the Division are affected land under <br /> 34-32.5-103(1), C.R.S. and Rule 1.1(3). <br /> 14. "An operator who mines substantial acreage beyond the approved <br /> permit boundary may be found to be operating without a permit." § 34-32.5-123(2), <br /> C.R.S. Operator's mining disturbance of land outside the permit boundary, <br /> affecting more than two acres, constitutes mining substantial acreage beyond the <br /> approved permit boundary for permit number M-2008-078. <br /> 15. By mining substantial acreage beyond the approved permit boundary, <br /> Operator engaged in a mining operation without first obtaining a reclamation <br /> permit, in violation of section 34-32.5-109(1), C.R.S. <br /> 16. Pursuant to section 34-32.5-123(2), C.R.S., the Board may impose a <br /> civil penalty of not less than $1,000 per day nor more than $5,000 per day for each <br /> day during which an Operator mined without a permit. The Board may impose a <br /> civil penalty against the Operator based on forty-one (41) days of violation for a civil <br /> penalty of$41,000 to $205,000. <br /> 17. Section 34-32.5-123(4), C.R.S. requires the Board to impose an <br /> additional civil penalty in an amount not less than the amount incurred by the <br /> Division in investigating a violation of mining without a permit. Here, the Board <br /> shall impose an additional civil penalty of$849.60 based on 15 hours of staff time at <br /> $56.64 per hour. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-116(4)(h), C.R.S. and Rule 3.1.6(1) for <br /> failing to minimize the disturbance to the prevailing hydrologic balance in the <br /> surrounding area and to the quality of water in surface systems during the mining <br /> operation. <br /> The Board also finds the Operator in violation of section 34-32.5-124, C.R.S. <br /> for failure to comply with the conditions of the permit. <br /> The Board also finds the Operator in violation of section 34-32.5-109(1), <br /> C.R.S. for failing to obtain a reclamation permit prior to engaging in a new mining <br /> operation. <br /> The Operator shall CEASE AND DESIST any further mining activity outside <br /> the approved boundary, not to include activities necessary to and for using the rail <br /> load out and scale facility, except those activities approved by the Division, in <br /> writing, as necessary to comply with the conditions of this Order, prevent damage to <br />