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5. On July 16, 2010, the Operator admitted the violations and agreed to the <br />Division's proposed corrective actions and penalties. <br />CONCLUSIONS OF LAW <br />6. 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. (2009) (the "Act"). <br />7. Pursuant to § 34-32.5-103(13), C.R.S., a "mining operation" is defined as the <br />development or extraction of a construction material from its natural occurrences on affected <br />land. The term "affected land" is defined as "the surface of an area ... where a mining <br />operation is being or will be conducted, which surface is disturbed as a result of an <br />operation." § 34-32.5-103(1), C.R.S. <br />8. 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. <br />9. Section 34-32.5-123(2), C.R.S., states that "[a]n operator who mines <br />substantial acreage beyond the approved permit boundary may be found to be operating <br />without a permit." <br />10. Here, the Operator did not obtain a permit prior to disturbing approximately <br />4.2 acres outside of the approved permit boundary. The Operator mined substantial acreage <br />beyond the approved permit boundary. Therefore, the Operator is in violation of § 34-32.5- <br />109(1), C.R.S. <br />1.1. 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 54 days of violation (from the June 18, 2010 inspection date to the August 11, 2010 <br />hearing date) at $1,000 to $5,000 per day for a civil penalty range of $54,000 to $270,000. <br />12. Pursuant to § 34-32.5-123(1), C.R.S., the Board may also issue a Cease and <br />Desist Order if it determines that any provision of the Act was violated. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />finds the Operator in violation of § 34-32.5-109(1), C.R.S., for engaging in a new operation <br />without first obtaining a reclamation permit from the Board or Division. <br />The Operator shall cease and desist all activities on affected land outside of the <br />approved permit boundary, except for those activities required to prevent damage to off-site <br />areas or protect the public health and safety, until the corrective action outlined below is <br />completed. <br />James L. Treat <br />Rock Gulch Gravel Pit, M-1.980-041. <br />MV-2010-021 2