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5. On August 4, 2011, the Division sent the Operator a Reason to Believe <br />a Violation Exists letter. The Division's letter provided notice regarding the alleged <br />violations and information about the September 14, 2011 hearing. <br />6. On August 16, 2011, the Division mailed the August 2, 2011 inspection <br />report to the Operator. <br />7. On August 31, 2011, the Operator admitted the violation and agreed to <br />the Division's recommendations. <br />CONCLUSIONS OF LAW <br />8. 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 />9. Section 34- 32.5- 109(1), C.R.S. requires an operator to obtain a <br />reclamation permit before engaging in a new operation. The Operator constructed a <br />new access road and improved an existing road. Therefore, the Operator engaged in <br />a new operation before obtaining a reclamation permit. <br />10. 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, up to 365 days. The Board may impose a penalty based on 43 <br />days of violation (from the date of the inspection to the September 14, 2011 hearing <br />date) at $1,000 to $5,000 per day for a total civil penalty of $43,000 to $215,000. <br />11. Pursuant to section 34- 32.5- 124(2), C.R.S., the Board may also issue a <br />cease and desist order if it determines that the Operator violated any provision of <br />the Act. <br />ORDER <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 all <br />areas affected by the operation are included in a reclamation permit issued by the <br />Division or the Board. <br />Oldcastle SW Group, Inc. <br />Craig Ranch Pit, M- 1986 -002 <br />MV- 2011 -022 <br />2 <br />