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5. The Operator did not have a reclamation permit for the disturbance <br />outside of the approved boundaries, and therefore engaged in a mining operation <br />without a permit. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5-104 through 107, and 124 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ("Act") <br />7. The Operator controlled the mining operation. <br />8. The Operator did not obtain a reclamation permit prior to disturbing <br />land outside of the approved permit boundaries, in violation of section 34-32.5- <br />109(1), C.R.S. <br />9. Section 34-32.5-123(2), C.R.S. provides for a civil penalty of not less <br />than $1,000 per day nor more than $5,000 per day for each day the land has been <br />affected (not to exceed 365 days) when operating without a permit. The Board may <br />impose a penalty based on 34 days of violation (from the October 14, 2010 inspection <br />to the first available hearing date of November 17, 2010) at $1,000 to $5,000 per day <br />for a civil penalty of $34,000 to $170,000. <br />10. Pursuant to section 34-32.5-123(1), C.R.S., the Board may issue a cease <br />and desist order whenever an operator fails to obtain a valid permit. <br />ORDER <br />The Board finds the Operator in violation of section 34-32.5-109(1), C.R.S., for <br />failing to obtain a reclamation permit prior to engaging in a new mining operation. <br />The Operator shall CEASE AND DESIST all activities on all lands outside of <br />the approved boundary, except for those activities required to prevent damage to <br />off-site areas, or to protect public health and safety until all corrective actions are <br />completed. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: The Operator shall provide all materials necessary to allow for Division <br />approval of an amendment or conversion application to Permit No. M-1983-011, <br />addressing the incorporation of all lands affected by the mining operation into the <br />approved affected area within 180 days of the signature date of this Order. <br />The Board imposes a CIVIL PENALTY for 34 days of violation at $1,000 per <br />day for a total civil penalty of $34,000. All but $1,000 of the penalty is suspended if <br />the Operator complies with the corrective action in the time specified. The portion <br />Jelen and Son, Inc., Mining without a Permit <br />Willow Creek Mine, M-1983-011 <br />MV-2010-036 <br />2