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6. On July 25, 2011, the Operator admitted the violation asserted by the <br />Division and agreed to the proposed corrective actions and civil penalty. <br />Cooley & Sons Excavation, Inc. <br />M- 2011 -034 <br />MV- 2011 -020 <br />CONCLUSIONS OF LAW <br />7. 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 />8. Section 34- 32.5 -109, C.R.S. requires an operator to obtain a <br />reclamation permit from the Division before engaging in a new operation. The <br />Operator conducted mining activities at the Cooley site without a reclamation <br />permit, which is a violation of section 34- 32.5- 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 48 days of violation (from the June 23, 2011 inspection to <br />the Board meeting on August 10, 2011) at $1,000 to $5,000 per day for a civil <br />penalty of $48,000 to $240,000. <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 mining activities except for those <br />activities required to prevent damage to off -site areas, or to protect public health and <br />safety until all corrective actions are completed. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall obtain a Construction Materials 110c Reclamation <br />Permit, which incorporates the area affected by the unpermitted mining disturbance, <br />within 180 days of the signature date of this Order. <br />The Board imposes a CIVIL PENALTY for 48 days of violation at $1,000 per <br />day for a total civil penalty of $48,000. All but $1,000 of the penalty is suspended if <br />the Operator complies with the corrective action in the time specified. The portion of <br />the civil penalty not suspended, $1,000, shall be due and payable within 30 days of <br />this Order's signature date. <br />2 <br />