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and is ongoing, with approximately 12,000 cubic yards of material extracted and <br /> 500 cubic yards transported two miles south of the site for use on a non-contiguous <br /> piece of property owned by the same individual who owns the site. <br /> 5. Operator submitted an"Is it Mining?" form to the Division on June 9, <br /> 2019 describing the operation and conveying much of the same information as was <br /> provided during the Division's June 7, 2019 inspection of the site. <br /> 6. On June 13, 2019, the Division sent Operator a response to Operator's <br /> "Is it Mixing?" form, indicating that it had determined that the project was a <br /> mining operation and that a reclamation permit was required. <br /> 7. On June 20, 2019, the Division sent Operator a Reason to Believe a <br /> Violation Exists letter for failure to obtain a reclamation permit from the Board <br /> before engaging in a new mining operation. The Division's letter provided notice <br /> regarding the alleged violation and information about the July 2019 hearing. <br /> 8. At the hearing, the Stephanie Mitchell testified on behalf of the <br /> Division. Ms. Mitchell stated that the site had twenty-foot highwalls, a stockpile of <br /> finished materials, and that there was crushing conducted on the site. Operator <br /> had been cooperative and had recently submitted a permit application. <br /> 9. Michael Ripp testified on behalf of Operator. Mr. Ripp stated that the <br /> Operator had recently submitted a permit application under the name of <br /> Cornerstone Materials, which is the same company. Mr. Ripp also testified that the <br /> Operator was willing to pay a bond. <br /> CONCLUSIONS OF LAW <br /> 10. 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. (2018) ("Act"). <br /> 11. The Operator conducted a new mining operation without first obtaining <br /> a permit, in violation of section 34-32.5-109(1), C.R.S. <br /> 12. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that any provision of the Act or any notice, permit, <br /> or regulation has been violated. The Operator violated section 34-32.5-109(1), <br /> C.R.S. by failing to obtain a permit before conducting a new mining operation. <br /> 13. The Board may impose a civil penalty of not less than $1,000 per day <br /> nor more than $5,000 per day for each day during which a violation occurs. § 34-32.5- <br /> 123(2), C.R.S. (2018). The Board may impose a penalty against the Operator based <br /> Rocky Mountain Aggregate & Construction, LLC <br /> M-2019-033 <br /> MV-201-020 2 <br />