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CONCLUSIONS OF LAW <br />14. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2013). <br />15. Under Rule 3.1.12(2) of the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated <br />Mining Operations ( "Rules ") requires operators to delineate the boundary of the <br />affected area. The Operator failed to delineate the boundary of the affected area of <br />the site. <br />16. Operators are required to dispose of refuse in a manner that will <br />control unsightliness or deleterious effects of such refuse. C.R.S. § 34- 32- 116(7)(d) <br />(2013). The Operator failed to dispose of refuse in a manner that will control <br />unsightliness or deleterious effects of such refuse. <br />17. Under Rule 8.5, the Board or the Division may direct the Office of <br />Active and Inactive Mines to respond to emergency situations in which physical <br />mine hazards are involved. The Board deems that physical mine hazards, as <br />defined by Rule 8.5(a), exist at the site. <br />18. Operators are required to post additional financial warranty within <br />sixty days of the date of notice of adjustment. C.R.S. § 34- 32- 117(4)(c)(II); Rule <br />4.2.1(2). The Operator failed to post additional financial warranty within sixty days <br />after the Division's notice of adjustment. <br />19. Under section 34- 32- 124(2)(a), C.R.S., the Board may issue a cease and <br />desist order if it determines that the Operator violated any provision of the Act or <br />regulation. The Operator is in violation of sections 34- 32- 116(7)(d) and - <br />117(4)(c)(II), C.R.S. and Rules 3.1.12(2) and 4.2.1(2). <br />20. Pursuant to section 34 -32- 124(7), C.R.S., the Board may impose a <br />civil penalty of not less than $50 per day nor more than $200 per day for each day <br />during which a violation occurs. Here, the Board may impose a penalty based on <br />147 days of violations at $50 to $200 per day for a civil penalty of $7,350 to <br />$29,400 for each violation. <br />ORDER <br />The Operator did not appear in this matter and did not present any <br />mitigating factors. There is no information before the Board indicating that any <br />action other than the relief requested is appropriate. Therefore, the Board enters <br />the following order: <br />George E. Otten <br />Mackey Mine, M -1984 -013 <br />MV- 2014 -001 <br />3 <br />