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109(1), C.R.S. The letter also notified the Operator that the matter was scheduled <br />for hearing at the April 11, 2011 Board meeting. <br />5. The Division's letter provided notice regarding the alleged violations <br />and information about the April 11, 2012 hearing. <br />6. On March 23, 2012, the Operator admitted the violation and agreed to <br />the Division's recommendations. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2011) ( "Act "). <br />8. 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 />9. 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 the <br />violation occurs. The Board may impose a penalty based on 45 days of violation (from <br />the date of the February 27, 2012 inspection to the April 11, 2012 Board meeting). <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 outside of the <br />approved permit boundary, except for Division - authorized reclamation and <br />environmental maintenance activities, until all areas affected by the operation are <br />included in a reclamation permit issued by the Division or the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall provide all materials necessary for a 112c conversion <br />application to secure a reclamation permit for all areas affected by the mining <br />McAtee Construction Co. <br />Green Bros. Pit/M- 1995 -030 <br />MV -2012 -015 <br />ORDER <br />2 <br />