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inspector noted disturbances on a total of approximately 20 acres, including the original 9 <br />permitted acres. <br />3. On October 29, 2004, the Division sent to the Operator a Reason to Believe a Violation <br />Exists letter in which the Division set forth the events described above and the reasons for <br />believing a violation existed, and announced a date for a public hearing on the matter in <br />front of the Board. The original hearing date was set for November 16, 2004 but the <br />Division became aware that the letter was incorrectly addressed. The letter was sent out <br />again, to the correct address, and the matter was rescheduled for the December Board <br />hearing. <br />4. Section 34-32.5-109(1), C.R.S. (2004) of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Act") requires an operator to obtain a reclamation <br />permit prior to engaging in a new mining operation. <br />5. Section 34-32.5-123 of the Act provides that any person who operates a mine without first <br />obtaining a permit shall be subject to a civil penalty of not less than $1,000.00 per day nor <br />more than $5,000.00 per day for each day the land has been affected. In addition, Section <br />34-32.5-123 of the Act authorizes the Board to assess civil penalties in an amount necessary <br />to cover costs incurred by the Division in investigating an alleged violation. <br />6. Section 34-32.5-124(2) of the Act provides that if the Board determines that any provision <br />of the Act or of any permit has been violated, it may issue a cease and desist order and set <br />forth corrective actions to be undertaken by the operator. <br />7. Because the Operator conducted mining operations outside the existing permit boundaries <br />without an approved permit, it is appropriate that the Board find the Operator in violation of <br />Section 34-32.5-109(1) of the Act. <br />