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CONCLUSIONS OF LAW <br />5. 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) ( "Act "). <br />6. Section 34- 32.5- 109(1), C.R.S., provides that "[b]efore engaging in a <br />new operation, an operator shall first obtain from the board or office a reclamation <br />permit pursuant to section 34- 32.5 -110, 34- 32.5 -111, or 34- 32.5- 112." The Operator <br />engaged in a new operation without first obtaining a reclamation permit. <br />Therefore, the Operator engaged in a new operation in violation of section 34 -32.5- <br />109(1), C.R.S. <br />7. 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 report date of March 1, 2013 to the April 17, 2013 hearing) at <br />$1,000 to $5,000 per day for a civil penalty of $48,000 to $240,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34- 32.5 - 109(1), C.R.S. for engaging in a new <br />mining operation without first obtaining a reclamation permit. <br />The Board imposes against the Operator the following CORRECTIVE ACTION: <br />the Operator shall, by May 10, 2013, submit an application for a reclamation permit <br />for this site. <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 $500.00 of the penalty is suspended <br />if the Operator complies with the corrective actions within the time specified. The <br />portion of the civil penalty not suspended, $500.00, shall be due and payable within <br />thirty (30) days of the effective date of this Order. If payment of the unsuspended <br />civil penalty is not received, or the Operator fails to submit an application for <br />reclamation permit by May 10, 2013, the full amount of the civil penalty ($48,000) <br />will become due and payable immediately, and the Operator may be subject to <br />further liability for failure to comply with a signed Board order. <br />DONE AND ORDERED this :Li day of A 2013. <br />Kit Carson County <br />M- 2013 -014 <br />MV- 2013 -020 <br />2 <br />