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4. At the June 21, 2023 hearing, the Division presented testimony <br /> regarding the site, the activities Operator had conducted beyond the permit <br /> boundaries, and the need for a reclamation permit given those activities. The <br /> Division presented testimony that the size of the disturbance beyond the <br /> boundaries, 2.1 acres, was substantial enough to be mining without a permit. The <br /> Division made several recommendations regarding this matter, including that the <br /> Board find a violation, impose corrective actions, and assess civil penalties as <br /> provided or required by statute. <br /> 5. At the hearing, Operator offered testimony that the stockpiled <br /> materials could be moved back to the permitted area with that area just used for <br /> parking trailers that are not used in the mining operation. Operator also stated <br /> that the road is used for non-mining purposes. Operator did express willingness to <br /> continue pursuing the permit conversion, which would expand the permit <br /> boundaries to include the areas referenced by the Division. <br /> 6. Following questions from the Board, the Division and Operator agreed <br /> to continue working together on completin the conversion application. <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. (2022) ("Act"). <br /> 8. Section 34-32.5-109(1), C.R.S provides that "before engaging in a new <br /> operation, an operator shall first obtain from the board or office a reclamation <br /> permit." By disturbing 2.1 acres of land beyond the approved permit boundary, the <br /> Operator engaged in a new operation without first obtaining a permit, in violation <br /> of section 34-32.5-109(1), C.R.S. <br /> 9. 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 /> 10. 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) (2022). Here, the Board may impose a penalty based on 45 days of <br /> violation at $1,000 to $5,000 per day for a civil penalty of$45,000 to $225,000. <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. (2022). <br /> Blue Mountain Stone, Inc. <br /> M-1981-075 <br /> MV-2023-007 2 <br />