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<br />Board for the Extraction of Construction Materials ("Construction Rules"), Rule 4.1(2), no <br />permit may issue until the Division receives and approves the required financial warranty for <br />the permit. Here, while the Operator had received approval for the permit, the permit had not <br />issued because of the Operator's failure to post the required reclamation bond within 365 <br />days of the approval date of the permit. The Operator began the mining operation before <br />receiving a reclamation permit from the Division. The Operator is therefore in violation of § <br />34-32.5-109(1), C.R.S. <br />18. Section 34-32.5-123(2), C.R.S., provides for a civil penalty of not less than <br />$1,000 per day nor more than $5,000 per day for each day the land has been affected (not to <br />exceed 365 days) when operating without a permit. Here, the Board may impose a penalty <br />based on 28 days of violation (from the inspection date of April 15, 2009 to the May 13, <br />2009 hearing date) at $1,000 to $5,000 per day for a civil penalty of $28,000 to $140,000. <br />19. Pursuant to § 34-32.5-123(1), C.R.S., whenever an operator fails to obtain a <br />valid permit, the Board may issue a Cease and Desist Order. The Board hereby upholds the <br />field-issued Cease and Desist Order issued by the Division prohibiting any further activities <br />at the site, with the exception of reclamation and environmental maintenance activities. <br />20. Pursuant to § 34-32.5-123(4), C.R.S., in addition to the civil penalties, the <br />Board shall assess against the Operator a civil penalty in an amount not less than the amount <br />necessary to cover costs incurred by the Division in investigating the violation. Here, the <br />Operator shall pay $1,132.80 based on 20 hours of staff time at $56.64 per hour. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds that the Operator violated § 34-32.5-109(1), C.R.S., for failing to obtain a reclamation <br />permit prior to engaging in a new mining operation. <br />The Board upholds the Cease and Desist Order issued by the Division prohibiting any <br />further activities at the site, with the exception of reclamation and environmental <br />maintenance activities. <br />The Board further orders the Operator to provide all materials necessary to allow <br />Board approval of the reclamation permit, including the required financial warranty, within <br />180 days of the signature date of the Board Order. The Board acknowledges that the <br />Operator has submitted an interim reclamation bond in the amount of $35,527 in a form <br />acceptable to the Division. <br />The Board imposes against the Operator a civil penalty in the amount of $28,000 plus <br />$1,132.80 based on 20 hours of staff time at $56.64 per hours, for a total of $29,132.80. All <br />but $1,132.80 of the penalty is suspended if the Operator complies with this Board Order in <br />the time specified above. Payment of the amount not suspended, $1,132.80, is due within 30 <br />days after the signature date of the Board Order. <br />Glenn E. Sessions & Sons, Inc. <br />M-2007-035 <br />MV-2009-014 <br />