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6. On October 7, 2021, the Operator signed the consent agreement <br /> admitting the violations and agreed to the Division's recommendations to the <br /> Board. <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) ("Act"). <br /> 8. 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 substantially <br /> improving the access road outside the permit boundaries, 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 /> 9. Section 34-32.5-116(4)(i), C.R.S. requires operators to protect areas <br /> outside of the affected land from slides or damage occurring during the mining <br /> operation and reclamation. By conducting mining operations outside the permitted <br /> boundary, the Operator affected land outside the approved affected area during the <br /> mining operation, in violation of section 34-32.5-116(4)(i), C.R.S. <br /> 10. Pursuant to section 34-32.5-123(2), C.R.S., and operator who operates <br /> without a permit shall be subject to a civil penalty of not less than $1000 per day <br /> nor more than $5,000 per day for each day during which a permit violation occurs. <br /> The Board may impose a civil penalty against the Operator based on 41 days of <br /> violation at $1000 to $5,000 per day for a civil penalty of$41,000 to $205,000. <br /> 11. 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). Here, the Division spent six hours investigating the alleged violation. <br /> At a rate of$56.64 per hour, the Board must assess an additional penalty of <br /> $339.84. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of sections 34-32.5-109(1), C.R.S. for failure to obtain a <br /> reclamation permit prior to engaging in a new operation and 34-32.5-116(4)(i), <br /> C.R.S. for failing to protect areas outside the affected land from slides or damage <br /> occurring during the mining operation or reclamation. <br /> The Board imposes the following CORRECTIVE ACTION against the Operator: <br /> Operator shall submit to the Division a reclamation permit application to include the <br /> SEMA Construction, Inc. <br /> M-2019-041 <br /> MV-2021-024 2 <br />