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~~ On October 14, 2005, 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 Boazd. Due to the illness of a Division employee, the matter was continued from the November 16, 2005 Board meeting to the January 11, 2006 Board meeting. 4. Section 34-32.5-109(1) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101 et seq. C.R,S. (2005) ("Act"), requires an operator to obtain a reclamation permit prior to engaging in a new mining operation. 5. 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 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. In addition, Section 34-32.5-123 of the Act authorizes the Boazd to assess civil penalties in an amount necessary to cover costs incurred by the Division in investigating an alleged violation. 6. 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. Because the Operator conducted a new mining operation without first obtaining an approved reclamation permit, it is appropriate to find the Operator in violation of Section 34-32.5- 109(1) ofthe Act. 8. Because 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, calculated from the date of the Division inspection (October 6, 2005) through the date of the originally