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7. On September 21, 2022, the Operator signed the consent agreement <br /> conceding the violation and agreeing to the Division's recommendations to the <br /> Board. <br /> CONCLUSIONS OF LAW <br /> 8. 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. (2022) ("Act"). <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 disturbing two or more <br /> acres of land beyond the permit boundary, Operator engaged in a new mining <br /> operation without first obtaining a reclamation permit, in violation of section 34- <br /> 32.5-109(1), C.R.S. <br /> 10. Where the Board determines that any portion of the Act has been <br /> violated, it may issue a cease-and-desist order. § 32.5-124(2), C.R.S. By violating <br /> section 34-32.5-116(4)(i), Operator is subject to a cease-and-desist order. <br /> 11. Pursuant to section 34-32.5-123(2), C.R.S., an 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 64 days of <br /> violation at$1000 to$5,000 per day for a civil penalty of$64,000 to$320,000. <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. (2022). Here, the Division spent 14 hours investigating the alleged violation. <br /> At a rate of$56.64 per hour, the Board must assess an additional penalty of$793. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-109(1), C.R.S. for failure to obtain a <br /> reclamation permit prior to engaging in a new operation. <br /> The Board imposes the fnllowing CORRECTIVE AMOK agautst the Operator: <br /> Operator shall submit to the Division a 110c to 112c permit conversion application. The <br /> Operator shall submit the permit application within 90 days of the mailing date of this <br /> Order and obtain approval of the reclamation permit within statutory timeframes. <br /> The Board imposes a CIVIL PENALTY of$1,000.00 per day of violation for a <br /> civil penalty amount of$64,000.00 and an additional civil penalty of$1,793 for costs <br /> Kurt Arnush <br /> M-1981-287 <br /> MV-2022-017 <br /> 2 <br />