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CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2014) ("Act"). <br />7. Areas outside of affected land "shall be protected from slides or damage <br />occurring during the mining operation and reclamation." § 34-32-116(7)(h), C.R.S. <br />(2014). The Operator disturbed approximately 1.2 acres outside of the affected land <br />boundary, in violation of section 34-32-116(7)(h), C.R.S. <br />8. By violating a provision of the Act, Operator violated Provision 1 of the <br />permit, which requires Operator to comply with all provisions of the Act. <br />9. Pursuant to section 34-32-124(2),C.R.S. the Board may issue a cease <br />and desist order if it determines that a violation of the permit or regulation <br />occurred. The Operator violated the Act by failing to protect areas outside of the <br />affected land from damage occurring during the mining operation or reclamation. <br />The Operator's violation of the Act constitutes a violation of the permit. <br />10. Pursuant to section 34-32-124(7), C.R.S., the Board may impose a civil <br />penalty of not less than $100 per day nor more than $1,000 per day for each day <br />during which the violation occurs. The Board may impose a civil penalty against <br />the Operator based on thirty-six(36) days of violation (from the April 21, 2015 <br />inspection to the May 27, 2015 Board meeting)at $100to $1,000 per day for a civil <br />penalty of $3,600 to $36,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds Cripple Creek & Victor Gold Mining Company in violation of section <br />34-32-116(7)(h), C.R.S. for failing to protect areas from slides or other damage <br />occurring during the mining operation and reclamation. <br />The Operator shall CEASE AND DESIST any further activities on lands <br />affected outside the approved permit boundary, with the exception of environmental <br />maintenance, reclamation, or corrective actions, until the violation has been <br />resolved to the satisfaction of the Division and the Board. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall submit an amendment application to incorporate the <br />area outside the current approved affected area boundary into the reclamation <br />permit. The Operator shall submit the amendment application by December 31, <br />2015, with all material in an approvable form within one hundred eighty (180) days <br />of the filing date of the amendment application. <br />Cripple Creek & Victor Gold Mining Company <br />M-1980-244 <br />MV -2015-005 <br />2 <br />