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4. The Operator did not possess a reclamation permit before removing <br />material from the site. <br />5. On or about February 25, 2013, the Operator admitted the violation in <br />writing and agreed to the Division's recommendations. <br />6. 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. (2012). <br />7. The Operator engaged in a mining operation before first obtaining a <br />reclamation permit, as required by section 34 -32.5- 109(1), C.R.S. <br />8. The Board may impose a civil penalty of not less than $1,000 per day <br />nor more than $5,000 per day for each day during which a violation occurs. C.R.S. <br />§ 34- 32.5- 123(2) (2012). Here, the Board may impose a penalty based on 48 days of <br />violation (from the mailing date of the inspection to the March 13, 2013 Board <br />hearing) at $1,000 to $5,000 per day for a civil penalty of $48,000to $240,000. <br />9. Pursuant to section 34- 32.5 - 109(1), C.R.S., the Board may issue a <br />cease and desist order if it determines that an operator or person failed to obtain a <br />permit before operating. <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 prior to engaging in a new mining operation. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: Kit Carson County shall submit the Division an application for a <br />reclamation permit, with all materials in approvable form by March 31, 2013. <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 $500 of the penalty is suspended if <br />the Operator complies with the corrective action. The portion of the civil penalty not <br />suspended, $500, shall be due and payable within 30 days of the effective date of <br />this Order. <br />DONE AND ORDERED this <br />Kit Carson County <br />Pickard Pit, M- 2012 -048 <br />MV -2013 -004 <br />CONCLUSIONS OF LAW <br />ORDER <br />day of A 0 <br />2013. <br />2 <br />