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estimated that 2.3 acres of mining would be necessary for the truck turnaround and <br />hay storage Mr. Newell intends to build on the site. <br />5. On June 15, 2021, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged <br />violations and informed Operator that the matter had been set for a hearing at the <br />Board's July 21, 2021 meeting. <br />6. On June 30, 2021, the Operator signed a Summary Form for Consent <br />Agenda Items admitting the violation and agreeing to the Division's <br />recommendations to the Board and an amended form on September 3, 2021. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32.5 of Title 34, C.R.S. (2020) ("Act"). <br />8. The material that the Operator removed at the site constitutes <br />"construction material" as that term is defined in section 34-32.5-103(3), C.R.S. The <br />extraction of construction materials and hauling them off -site constitutes a "mining <br />operation" as that defined in section 34-32.5-103(13), C.R.S., and the land disturbed <br />by the mining operation is "affected land" under section 34-32.5-103(1), C.R.S. <br />9. Section 34-32.5-109(1), C.R.S., provides that an operator must obtain a <br />reclamation permit prior to engaging in a new operation. By extracting <br />construction materials and transporting them off -site, the Operator engaged in a <br />new mining operation without first obtaining a reclamation permit, in violation of <br />section 34-32.5-109(1), C.R.S. <br />10. Pursuant to section 34-32.5-123(1), C.R.S., the Board may issue a cease <br />and desist order when it finds that an operator has failed to obtain a valid permit. <br />11. The Board may impose a civil penalty of not less than $1,000 per day <br />or more than $5,000 per day for each day during which a violation occurs. § 34- <br />32.5-123(2) (2020). Here, the Board may impose a penalty based on thirty-six days <br />of violation at $1,000 to $5,000 per day for a civil penalty of $36,000 to $180,000. <br />12. The Board shall also impose a civil penalty in an amount not less than <br />the costs incurred by the Division in investigating the violation. § 34-32.5-123(4), <br />C.R.S. (2020). <br />Bruce Newell <br />M-2021-025 <br />MV-2021-018 <br />