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15. Here, the Operator did not obtain a permit prior to disturbing approximately <br />2.5 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 />16. 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 58 days of violation (from the July 19, 2010 inspection date to the September 15, <br />2010 hearing date) at $1,000 to $5,000 per day for a civil penalty range of $58,000 to <br />$290,000. <br />17. 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 further mining activities on the unpermitted <br />portions of the site, except for those activities required to prevent damage to off-site areas or <br />protect the public health and safety, until the Operator complies with this Order. <br />The Board imposes against the Operator the following corrective action: the Operator <br />shall submit a 110 to 112 Construction Materials conversion application to increase the <br />permit area to encompass the entire affected land. The conversion application shall be <br />submitted by February 15, 2011, with all the materials in an approvable form by June 15, <br />2011 (120 days from the submittal date). <br />The Board imposes a civil penalty for 58 days of violation at $1000 per day for a total <br />civil penalty of $58,000. All but $1,000 of the penalty is suspended if the Operator complies <br />with the corrective action. The portion of the civil penalty not suspended, $1,000, shall be <br />due and payable to the Division within 30 days of this Order's signature date. <br />Vq1 <br />DONE AND ORDERED this /? day of f'y 0"'I 52010. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Ira J. Paulin, C?hafr <br />Mined Land Reclamation Board <br />Corkle Construction <br />M-1995-023 <br />MV-2010-028