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and informed Operator that the matter was scheduled for a hearing before the <br />Board at its November 18, 2020 meeting. <br />5. At the hearing, the Division presented testimony regarding the <br />boundaries of the site, in particular that the markers were inaccurate. Operator's <br />2012 permit conversion and 2018 through 2020 annual reports stated that <br />Operator's right to enter was valid. The lease for the land owned by the Burtons, <br />however, expired in 2017. <br />6. At the hearing, Operator, presented testimony from Ralph Martinez <br />that the boundary markers had been in their present location for previous <br />inspections with no problems noted. Mr. Martinez also testified that Operator had <br />not been successful in renewing its lease for access to the portion of the site owned <br />by the Burtons. Operator had refrained from entering the southern portion of the <br />permitted area after the Burtons told them to stay off their property. <br />CONCLUSIONS OF LAW <br />7. 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. (2020) (the "Act"). <br />8. Operators must maintain a legal right to enter and conduct mining <br />and reclamation and must provide proof of that right in Exhibit G of permit <br />applications. See Rule 6.3.7 of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials (the <br />"Rules"). By failing to maintain its right to enter the permitted area, Operator has <br />violated its permit. <br />9. Section 34-32.5-124(1), C.R.S. requires compliance with Board orders, <br />permits, and regulations. Operator's failure to maintain legal right to enter is a <br />violation of the Permit and, accordingly, the Operator has violated section 34-32.5- <br />124(1), C.R.S. <br />10. Pursuant to section 34-32-124(2), C.R.S. the Board may issue a cease <br />and desist order if it determines that a provision of the Act, the permit, or <br />regulation has been violated. <br />11. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br />than $100 per day nor more than $1,000 per day for each day during which an <br />operator violates or fails to comply with the conditions of an order, permit, or <br />regulation. <br />Southway Construction Company, Inc., <br />Burton Pit/M-1987-013 <br />MV -2021-001 <br />2 <br />