2010-08-05_ENFORCEMENT - M2005067

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4. On June 30, 20 10 the Operator admitted the violations and agreed to the Division's proposed corrective actions and penalties. CONCLUSIONS OF LAW 5. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through 107, and 123 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, §§ 34-32.5-101 through 125, C.R.S. (2009) ("Act"). 6. Pursuant to § 34-32.5-103(13), C.R.S., a "mining operation" is defined as the development or extraction of a construction material from its natural occurrences on affected land. The term "affected land" is defined by § 34-32.5-103(1), C.R.S., as "the surface of an area ... where a mining operation is being or will be conducted, which surface is disturbed as a result of an operation." 7. Section 34-32.5-109(9), C.R.S., requires an operator to obtain a reclamation permit prior to engaging in a new mining operation. Here, the Operator did not obtain a permit prior to disturbing approximately 2.5-acres outside of the approved permit boundary, therefore, Operator is in violation of § 34-32.5-109(1), C.R.S. 8. Section 34-32.5-123(2), C.R.S. provides for a civil penalty of not less than $1,000 per day nor more than $5,000 per day for each day the land has been affected (not to exceed 365 days) when operating without a permit. Here, the Board may impose a penalty based on 41 days of violation (from the June 1, 2010 inspection date to the July 12, 2010 hearing date) at $1,000 to $5,000 per day for a civil penalty range of $41,000 to $205,000. 9. Pursuant to § 34-32.5-123(1), C.R.S., the Board may also issue a Cease and Desist Order if it determines that any provision of Article 32.5 of the Act was violated. ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby finds the Operator in violation of § 34-32.5-109(1), C.R.S., for engaging in a new operation without first obtaining a reclamation permit from the Board or Division. The Operator shall cease and desist all activities on affected land outside of the approved permit boundary until the corrective action outlined below is completed. The Board imposes against the Operator the following corrective action: the Operator shall submit a Conversion Application to increase the permit area to encompass the entire affected land. The Conversion Application shall be submitted by October 14, 2010, with all the material in an approvable form by February 10, 2011. The Board imposes a civil penalty for forty-one days of violation at $1000 per day for a total civil penalty of $41,000. All but $1,000 of the penalty is suspended if the Operator complies with the corrective action in the time specified. The portion of the civil penalty not Carrizo Stone, LLC Carrizo Stone North, M-2005-067 MV-2010-016