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T S <br />6. On April 15, 2009, the Division conducted an inspection of the site to <br />determine the extent of the disturbance. The inspection confirmed that the site had been <br />mined without the Operator's receiving the required permit. <br />7. On April 23, 2009, the Division mailed to the Operator a Notice of Hearing for <br />Board Reconsideration of Application Approval. <br />8. At the May 13, 2009 Board meeting, the Board heard and ruled upon the <br />Operator's failure to get a permit before engaging in a new mining operation. The Board <br />found the Operator in violation of § 34-32.5-109(1), C.R.S., for failing to obtain a <br />reclamation permit prior to engaging in a new mining operation, MV-2009-014. The Board <br />ordered the Operator to provide the materials necessary to allow Board approval of the <br />reclamation permit, including submitting the required financial warranty within 180 days of <br />the signature date of the Board Order (June 10, 2009). The Board also assessed a civil <br />penalty in the amount of $29,132.80. All but $1,132.80 of the civil penalty was suspended if <br />the Operator complied with the Order in the time specified. <br />9. On April 23, 2009, the Operator submitted an interim reclamation bond in the <br />amount of $35,527 in a form acceptable to the Division. <br />10. On May 8, 2009, the Operator provided the Division with proof of re- <br />notification. The time-period for public comment ended on June 10, 2009. No objections to <br />the Operator's permit application were received. <br />11. On July 1, 2009, the Division received payment of the civil penalties from the <br />Operator in the amount of $1,132.80. <br />12. At the July 8, 2009 hearing on this matter the Division staff recommended <br />that the permit application be approved because the application satisfies the requirements of <br />the Act and Rules, the required financial warranty has been accepted by the Division, and no <br />objections to the application were received in response to the re-publication and re-notice of <br />the application. <br />CONCLUSIONS OF LAW <br />13. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 123 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (2008) ("Act"). <br />14. Section 34-32.5-109(1), C.R.S., requires an operator to obtain a reclamation <br />permit prior to engaging in a new mining operation and sets forth the applicable procedures. <br />Pursuant to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <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. If the performance warranties are not received within one calendar year of <br />approval of an application for any new permit the Board must hold a hearing to reconsider <br />the previous approval. Here, the Division approved the permit on September 17, 2007. The <br />Glenn E. Sessions & Sons, Inc. <br />M-2007-035 <br />Reconsideration of Approval <br />2