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3. On June 1, 2006, the Division sent to the Operator a Reason to Believe a Violation Exists letter in which the Division set forth the events described above and the reasons for believing a violation existed, and announced a date for a public hearing on the matter in front of the Board. 4. The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104, 34-32.5-105 and 34-32.5-124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act"). 5. Section 34-32.5-109(1) of the Act requires an operator to obtain a reclamation permit prior to engaging in a new mining operation. 6. Section 34-32.5-123 of the'Act provides that any person who operates a mine without first obtaining a permit shall be subject to a civil penalty ofnot less than $1,000.00 per day nor more than $5,000.00 per day for each day the land has been affected. In addition, Section 34-32.5-123 of the Act authorizes the Board to assess civil penalties in an amount necessary to cover costs incurred by the Division in investigating an alleged violation. Section 34-32.5-124(2) of the Act provides that if the Board determines that any provision of the Act or of any permit has been violated, it may issue a cease and desist order and set forth corrective actions to be undertaken by the operator. 8. Because the evidence shows the Operator conducted a new mining operation without first obtaining an approved reclamation permit, it is appropriate for the Board to find the Operator in violation of Section 34-32.5-109(1) of the Act. 9. Because the evidence shows the Operator engaged in a new operation without first obtaining a reclamation permit, it is appropriate for the Board to assess civil penalties of not less than $1,000.00 per day nor more than $5,000.00 per day for each day the land has been affected, Pelino MWP M-1984-043