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the site do not match the approved boundaries and there are mining disturbances <br /> beyond the boundary markers to the north and south. Mining had started north of <br /> the marked boundary line and went beyond the southern end of the marked <br /> boundary. The Division presented testimony that the size of the disturbance <br /> beyond the actual boundaries, 2.95 acres, was substantial enough to be considered <br /> mining without a permit. The Division made several recommendations regarding <br /> this matter, including that the Board find a violation, impose corrective actions, and <br /> assess civil penalties as provided or required by statute. <br /> 5. At the hearing, Operator offered testimony agreeing that mining had <br /> occurred beyond the permit boundary. Operator indicated its willingness to comply <br /> with the Division's suggested corrective action of submitting a permit amendment <br /> or conversion application to include the disturbed land beyond the permit boundary. <br /> Operator also presented testimony that the site is in final reclamation and that any <br /> amendment or conversion application would simply need to be for reclamation. <br /> CONCLUSIONS OF LAW <br /> 6. 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 /> 7. 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 2.95 acres of land beyond the approved permit boundary, <br /> the Operator engaged in a new operation without first obtaining a permit, in <br /> violation of section 34-32.5-109(1), C.R.S. <br /> 8. 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 /> 9. 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), C.R.S. (2022). Here, the Board may impose a penalty based on 30 days <br /> of violation at $1,000 to $5,000 per day for a civil penalty of$30,000 to $150,000. <br /> 10. 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 /> 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 engaging in a new <br /> mining operation without first obtaining a reclamation permit. <br /> Summit Brick & Tile Co. <br /> M-1985-203 <br /> MV-2023-011 2 <br />