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mining operation and reclamation. Operator affected land outside the boundary of <br /> the permit area. <br /> 10. The Board may issue a cease and desist order if it determines that <br /> any provision of the Act was violated. C.R.S. § 34-32-124(2). Operator is in <br /> violation of section 34-32-116(7)(h), C.R.S. <br /> 11. The Board may impose a civil penalty of not less than $50 per day nor <br /> more than $200 per day for each day during which a violation occurs. C.R.S. § 34- <br /> 32-124(7). Here, the Board may impose a penalty based on fifty-seven days of <br /> violation (from the August 1, 2017 inspection to the Board hearing on September <br /> 27, 2017) at $50 to $200 per day for a civil penalty of$2,850 to $11,400. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> orders as follows: <br /> The Board finds Colorado Milling Company, LLC in violation of the Act under <br /> section 34-32-116(7)(h), C.R.S. for failing to protect areas outside the affected land <br /> from slides or damage occurring during the mining operation and reclamation. <br /> Colorado Milling Company, LLC shall CEASE AND DESIST all activities <br /> outside the approved affected land boundary of the Gold Hill Mill, with the exception <br /> of activities necessary to protect the environment and public safety and authorized by <br /> the Division in writing, until the violation has been resolved to the satisfaction of the <br /> Board. Specifically, Operator shall cease and desist from installing, replacing, <br /> maintaining, or using any off-site infrastructure intended to convey or store water for <br /> the operation. <br /> The Board imposes the following CORRECTIVE ACTIONS against Operator: <br /> A. Colorado Milling Company, LLC shall, within fifteen days of the <br /> effective date of this Order, demonstrate (including, but not limited to, <br /> providing a copy of the approved Boulder County permit) to the <br /> Division's satisfaction that the appropriate Boulder County permit, <br /> addressing repair and stabilization of the damaged portion of Sunshine <br /> Canyon Drive, has been attained; <br /> B. Colorado Milling Company, LLC shall, within fifteen days of issuance <br /> of the Boulder County permit, complete the plans as approved in the <br /> Boulder County permit; and <br /> Colorado Milling Company, LLC <br /> Gold Hill Mill/M-1994-117 <br /> MV-2017-036 3 <br />