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CONCLUSIONS OF LAW <br />14. 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 />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 August 16, 2018 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 seventy- <br />seven (77) days of violation (from the February 6, 2019 decision date for TR -01 to <br />the April 24, 2019 hearing) at $100 to $1,000 per day for a civil penalty of $7,700 to <br />$77,000. <br />18. Regarding Violation No. MV -2018-018, the Board's August 16, 2018 <br />Order assessed a civil penalty of $6,800 with all but $1,000 suspended if the <br />Operator complied with the corrective actions in the time specified. The Operator <br />failed to comply with Corrective Action 2 of the August 16, 2018 Order. Therefore <br />the previously suspended portion of the civil penalty, $5,800, 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 August 16, 2018 Order pursuant to section <br />34-32.5-124, 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 August 16, 2018 <br />Order. Dale and Ellen Schmidt shall CEASE AND DESIST any further mining <br />activities, except those activities approved in writing by the Division, and necessary <br />to comply with the conditions of the Board's Order, prevent damage to off-site areas, <br />or protect the public health and safety, pursuant to section 34-32.4-124(2), C.R.S. <br />The Board imposes against Dale and Ellen Schmidt the following <br />CORRECTIVE ACTION: Within sixty days of the date of this Order, the Operator <br />shall file with the Division a Technical Revision or an Amendment application <br />Dale and Ellen Schmidt <br />M-2011-014 <br />MV -2019-008 <br />3 <br />