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5. On October 4, 2010, the Division sent the Operators a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged violations <br />and information about the possible November 17, 2010 hearing. <br />6. On November 5, 2010 the Operators submitted additional maps to the Division <br />showing the extent of the disturbance outside of the approved permit boundaries. <br />7. The Operators did not have a reclamation permit for the disturbance outside of <br />the approved boundaries, and were therefore engaging in a mining operation without a <br />permit. <br />CONCLUSIONS OF LAW <br />8. 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. (2010) ("Act"). <br />9. Pursuant to § 34-32.5-103(1), C.R.S., "affected land" is defined as "the surface <br />of and area ... which is disturbed as a result of an operation." <br />10. 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 includes open mining and surface operations. The term also includes <br />transportation and processing operations on affected land. <br />11. Section 34-32.5-103(16), C.R.S., defines "Operator" as "a person, firm, <br />general or limited partnership, association, or corporation ... engaged in or controlling a <br />mining operation." Here, the Operators controlled the mining operation. <br />12. 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. Here, the Operators did not obtain a <br />reclamation permit prior to disturbing land outside of the approved permit boundaries. <br />Therefore, the Operators are in violation of § 34-32.5-109(1), C.R.S. <br />13. 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 37 days of violation (from the June 7, 2010 inspection to July 14, 2010 - the first <br />available hearing date) at $1,000 to $5,000 per day for a civil penalty of $37,000 to <br />$185,000. <br />14. Pursuant to § 34-32.5-123(1), C.R.S., whenever an operator fails to obtain a <br />valid permit, the Board may issue a Cease and Desist Order. <br />James and Kathleen Ross, Mining Without a Permit <br />Ross Pit, M-1990-134 <br />MV-2010-034 <br />2