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alleged violations and informed Operator that the matter had been set for a hearing <br /> at the Board's December 13-14, 2023, meeting. <br /> 4. At the December 13, 2023, hearing, the Division presented testimony <br /> regarding the site, the activities Operator had conducted on it, and the need for a <br /> reclamation permit given those activities. The Division made several <br /> recommendations regarding this matter, including that the Board find a violation, <br /> impose corrective actions, and assess civil penalties as provided or required by <br /> statute. The Division also presented testimony that Operator and a consultant <br /> representing Operator had called the week prior to the hearing and stated that <br /> Operator would be filing a reclamation permit application in January, 2024. <br /> 5. There was no appearance from Operator at the December 13, 2023, <br /> hearing. <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. (2023) ("Act"). <br /> 7. The material that the Operator removed from the site constitutes <br /> "construction material" as that term is defined in section 34-32.5-103(3), C.R.S. The <br /> extraction of construction materials and hauling them off-site constitutes a "mining <br /> operation" as that defined in section 34-32.5-103(13), C.R.S., and the land disturbed <br /> by the mining operation is "affected land" under section 34-32.5-103(1), C.R.S. <br /> 8. 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 extracting <br /> construction materials and transporting them off-site, the Operator engaged in a <br /> new mining operation without first obtaining a reclamation permit, in violation of <br /> 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), C.R.S. (2023). Here, the Board may impose a penalty based on 37 days <br /> of violation at $1,000 to $5,000 per day for a civil penalty of$37,000 to $185,000. <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. (2023). <br /> Michael Brown <br /> M-2023-031 <br /> W-2023-023 2 <br />