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13. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act for the Extraction of Construction Materials, Article <br />32.5 of Title 34, C.R.S. (2018). <br />14. The Board's March 2017 Order required the Operator to submit an <br />amendment application to include all affected lands in the permit by June 12, 2017, <br />with all materials submitted in an approvable form by September 10, 2017. The <br />Operator failed to submit the amendment application within the required time <br />frames and therefore did not comply with the March 2017 Order. <br />15. Sections 34-32.5-124(1) and 118(1)(b), C.R.S. require compliance with <br />Board orders, permits, and regulations. By failing to comply with the corrective <br />action contained in the Board's March 2017 Order, the Operator has violated <br />sections 34-32.5-124(1) and 118(1)(b) <br />16. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br />and desist order when it finds that an operator has failed to comply with any <br />provision of the Act, a permit, or regulation. <br />17. The Board may impose a civil penalty of not less than $100 per day or <br />more than $1,000 per day for each day during which a violation occurs. § 34-32.5- <br />124(7), C.R.S. (2018). Here, the Board may impose a penalty based on forty-one (41) <br />days of violation (from the August 16, 2018 Reason to Believe letter to the <br />September 26, 2018 hearing) at $100 to $1,000 per day for a civil penalty of $4,100 <br />to $41,000. <br />18. Regarding Violation No. MV -2016-059, the Board's March, 2017 Order <br />assessed a civil penalty of $31,566.40 with all but $3,066.40 suspended if the <br />Operator complied with the corrective actions in the time specified. The Operator <br />failed to submit the amendment application within the time frames required by the <br />March, 2017 Order. Therefore the previously suspended portion of the civil penalty, <br />$28,500.00, is due immediately. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />finds the Operator in violation of the March 2017 Order pursuant to section 34- <br />32.5-124, C.R.S. for failing to comply with the conditions of that Order. <br />The Board affirms the cease and desist order issued in the March 2017 Order. <br />Robinson Sons, Inc. shall CEASE AND DESIST any further mining activities on the <br />affected land outside the permit boundary, except environmental maintenance, <br />Robinson Sons, Inc. <br />Robinson Sons Gravel Pit No. 1 <br />MV -2018-034 <br />3 <br />