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7. Respondents have violated C.R.S. § 34-32.5-109(1) by failing to obtain a reclamation permit prior to <br />engaging in a new mining operation. <br />8. C.R.S. § 34-32.5-123(1) provides that if an operator fails to obtain a valid pemut, the Board may issue an <br />immediate cease and desist order requiring the cessation of unauthorized mining operations. Respondents <br />are operators, as defined at C.R.S. § 34-32.5-103(16). <br />9. C.R.S. § 34-32.5-123(2) provides that an operator who operates without a permit shall be subject to a civil <br />penalty of not less than $1,000.00 per day nor more than $5,00.00 per day for each day the land has been <br />affected. <br />10. C.R.S. § 34-32.5-123(4) provides that the Boazd shall also assess a civil penalty in an amount not less than <br />the amount necessary to cover costs incurred by the Division in investigating the alleged violation. <br />I1. Respondents have no outstanding corrective actions or unpaid penalties, nor any history of violations. The <br />Division reports no offsite damage, nor any health or safety hazazd. Taking into account the Respondents <br />cooperative attitude and record of compliance, the Boazd finds it appropriate to assess a penalty for the <br />Division's costs only. <br />12. The Division reports its investigation cost at $379.30, based on ten hours staff time at $37.93 per hour. <br />