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4. On February 27, 2024, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the <br /> alleged violations and informed Operator that the matter had been set for a hearing <br /> at the Board's April 17-18, 2024 meeting. <br /> 5. On April 16, 2024, the Division received an incomplete permit <br /> application from Operator. <br /> 6. On April 17, 2024, the hearing on this matter was continued to the <br /> Board's May 15, 2024 meeting. <br /> 7. On April 25, 2024, the Operator signed a Summary Form for Consent <br /> Agenda Items admitting the violation and agreeing to the Division's <br /> recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 8. 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 /> 9. The material that the Operator removed at 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 /> 10. 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 /> 11. 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 /> 12. 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) (2023). Here, the Board may impose a penalty based on 50 days of <br /> violation at $1,000 to $5,000 per day for a civil penalty of$50,000 to $250,000. <br /> 13. 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 /> Twin Buttes Land Co., LLC <br /> M-2023-038 <br /> 2 <br />