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5. On August 29, 2011, the Operator admitted the violation and agreed to <br />the Division's recommendations. <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. Section 34- 32.5- 109(1), C.R.S. requires an operator to obtain a <br />reclamation permit before engaging in a new mining operation. The Operator is <br />conducting a mining operation prior to obtaining a valid reclamation permit in <br />violation of section 34- 32.5- 109(1), C.R.S. <br />8. Section 34- 32.5- 123(2), C.R.S. provides for a civil penalty of not less <br />than $1,000 per day and not more than $5,000 per day for each day during which <br />the violation occurs. The Board may impose a penalty based on 50 days of violation <br />at $1,000 to $5,000 per day for a total civil penalty of $50,000 to $250,000. <br />9. Section 34- 32.5- 123(4), C.R.S. provides for civil penalties to cover costs <br />incurred by the Division in investigating alleged violations. <br />10. Pursuant to section 34- 32.5- 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that the Operator violated any provision of the Act. <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of section 34- 32.5- 109(1),C.R.S. for failing to <br />obtain a reclamation permit before engaging in a new operation. <br />The Operator shall CEASE AND DESIST all activities at the site, except for <br />Division - authorized reclamation and environmental maintenance activities, until <br />all areas affected by the operation are included in a reclamation permit issued by <br />the Division or the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall, by December 13, 2011, provide all materials necessary <br />to allow the Board or the Division to issue a reclamation permit that addresses all <br />areas affected by this operation; Operator must submit all the materials in an <br />approvable form by February 13, 2012 <br />The Board imposes a CIVIL PENALTY for 50 days of violation at $1,000 per <br />day for a civil penalty of $50,000. All but $1,000 of the civil penalty is suspended if <br />Colorado Moss Rock, Inc. <br />M- 2011 -039 <br />MV- 2011 -021 <br />CONCLUSIONS OF LAW <br />ORDER <br />2 <br />