Laserfiche WebLink
subdivision owned by a family member. The site of the excavation is on property owned <br />by the Operator. The Operator stated that it did not charge for the fill material but did <br />receive reimbursement for shipping costs. <br />On April 17, 2006, the Division sent to the Operator a Reason to Believe a Violation Exists <br />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. <br />4. The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104, 34-32.5-105 <br />and 34-32.5-124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Section 34-32.5-101 et seg. C.R.S. (2005) ("Act"). <br />5. Section 34-32.5-109(1) of the Act requires an operator to obtain a reclamation permit prior <br />to engaging in a new mining operation. <br />6. 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 />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 />8. Because the evidence shows the Operator conducted a new mining operation without first <br />obtaining an approved reclamation permit, it is appropriate to find the Operator in violation <br />of Section 34-32.5-109(1) of the Act. <br />