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.Al <br />11. The Division received proof of publication from the Operator, as required by <br />§ 34-32.5-112(9)(b), C.R.S. on April 3, 2008. The public comment period ended on April 1, <br />2008, with no objections received by the Division. On April 7, 2008, the Division received <br />an approvable application package with the required bond from the Operator. <br />CONCLUSIONS OF LAW <br />12. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 and <br />34-32.5-107, of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Section 34-32.5-101, et seq., C.R.S. (2007) (the "Act"). <br />13. Section 34-32.5-109, C.R.S., requires, before engaging in a new operation, that <br />the operator first obtain from the board or office a reclamation permit pursuant to § § 34-43.5 <br />110, 34-32.5-111 or 34-32.5-112, C.R.S. <br />14. Section 34-32.5-112(1), C.R.S., requires an operator, to obtain a reclamation <br />permit, to apply in writing to the board or office on forms provided by the board and if <br />approved, the reclamation permit shall authorize the operator to engage in the mining <br />operation described in the application upon the affected land for the life of the mine. <br />15. Section 34-32.5-117(1), C.R.S., does not allow a permit to be issued under the <br />Act until the board receives the performance and financial warranties described in subsection <br />(2), (3) and (4) of § 34-32.5-117 of the Act. <br />16. Pursuant to Rule 4.1(2) of the Construction Material Rules, a permit may not <br />be issued pursuant to the Act, until the Board or Office receives and approves the <br />performance and financial warranties required by the Construction Material Rules. <br />17. The Construction Material Rules also require the Board, if the warranties are <br />not received within one calendar year of approval of an application of a new permit, to hold a <br />hearing, in accordance with the notification and comment provisions of Rule 1.6 of the <br />Construction Material Rules, to reconsider the previous approval. If the Board affirms the <br />original application approval, the Board shall establish a new deadline for submittal of the <br />Financial and Performance warranties and if the required warranties are not posted by the <br />date set by the Board, the application shall be denied. <br />18. Section 34-32.5-123(1), C.R.S. allows the Board to issue an immediate cease <br />and desist order if an operator fails to obtain a permit pursuant to the Act. Section 34-32.5- <br />123(2), C.R.S., allows the board to impose, on an operator who operates without a permit a <br />civil penalty of not less than one thousand dollars per day nor more than five thousand <br />dollars per day for each day the land has been affected, not to exceed three hundred sixty- <br />five days. Section 34-32.5-123(4), C.R.S., also allows the Board to impose, in addition to <br />the civil penalty, an additional civil penalty in an amount not less than the amount necessary <br />to cover costs incurred by the Division in investigating the alleged violation. <br />Hall-Irwin Corporation <br />M-2006-003 <br />3