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of topsoil in preparation for mining. Mr. Scott also testified regarding the Division's <br />direction during its previous inspection that the Operator would have to be careful <br />to not mine beyond the permitted boundary. The permit boundary was marked but <br />mining activities had gone beyond that marked boundary. <br />CONCLUSIONS OF LAW <br />5. 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). <br />6. Affected land includes areas of disturbed surfaces. Rule 1.1(3) of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials (the "Rules"). The disturbed areas <br />identified by the Division are affected land under Rule 1.1(3). <br />7. "An operator who mines substantial acreage beyond the approved <br />permit boundary may be found to be operating without a permit." C.R.S. § 34-32.5- <br />123(2), C.R.S. Operator's mining disturbance of land outside the permit boundary, <br />affecting approximately seven and a half acres, constitutes mining substantial <br />acreage beyond the approved permit boundary for permit number M-2012-004. <br />8. 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 />9. 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 the violation occurs. The Board may impose a civil penalty <br />against the Operator based on fifty-one (51) days of violation for a civil penalty of <br />$51,000 to $255,000. <br />10. Section 34-32.5-123(4) requires the Board to impose an additional civil <br />penalty in an amount not less than the amount incurred by the Division in <br />investigating the violation. Here, the Board shall impose an additional civil penalty <br />of $793 based on 14 hours of staff time at $56.64 per hour. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34-32.5-109(1), C.R.S. for failing to <br />obtain a reclamation permit prior to engaging in a new mining operation. <br />Superior Oilfield Services Co. LTD <br />M-2012-004 <br />W-2019-001 <br />2 <br />