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6. The Board held a hearing on Operator's application on January 19, 2022, <br /> during which Operator acknowledged that it lacked a legal right to enter the site. <br /> 7. Given Operator's admission that it had no legal right to enter the proposed <br /> permitted area, the Board denied the permit application following the hearing on <br /> January 19, 2022. <br /> 8. At the Board's February 16, 2022 meeting, the parties presented <br /> arguments regarding Operator's motion. <br /> 9. The Division's testimony established that the Board's Order for Violation <br /> Number MV-2019-031 required that Operator submit and obtain approval for a permit <br /> application. The Division and Board denied the permit application in separate <br /> proceedings because Operator lacked legal right of entry. Operator's failure to obtain <br /> approval of the application meant that the suspended civil penalties from the Order for <br /> Violation Number MV-2019-031 are due. <br /> 10. Operator presented testimony stating that it had relied on county records <br /> indicating that a public right of way existed across the access road to the site. Those <br /> records were in error, and though Operator acknowledged it did not have legal right to <br /> enter, it requested that the suspended civil penalties be waived based on its efforts to <br /> comply. <br /> CONCLUSIONS OF LAW <br /> 11. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, <br /> C.R.S. (2021) ("Act"). <br /> 12. Section 34-32.5-109(1), C.R.S., requires that all operators obtain a <br /> reclamation permit prior to engaging in a new mining operation. <br /> 13. After finding a violation for failure to obtain a reclamation permit prior to <br /> engaging in a new mining operation, the Board may impose a civil penalty of not less than <br /> $1,000 per day nor more than $5,000 per day for each day during which a violation <br /> occurs. §34-32.5-123(2), C.R.S. (2021). Here,the Board imposed the lowest penalty <br /> against the Operator based on 34 days of violation of section 34-32.5-109(1), C.R.S., at <br /> $1,000 per day for a civil penalty of$34,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board hereby <br /> DENIES the Motion for Relief from, and Waiver of, Civil Penalties, filed by Kelley <br /> Trucking, Inc. <br /> The Board supports the Order for Violation Number MV-2019-031 and the <br /> remaining unpaid civil penalty assessed in that Order is due and payable. <br /> DONE AND ORDERED this day of 2022. <br /> Kelly Trucking, Inc. <br /> M-2019-053 <br /> MV-2019-031 2 <br />