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the alleged violations of section 34-32-109, C.R.S. and information about the <br />October 25, 2017 hearing. <br />5. At the hearing, Operator claimed his efforts to improve the mine <br />portal were to prevent trespass and that he built the structure at the portal to <br />protect himself from falling rocks while working on the portal. Operator also <br />testified that he has no intent to mine at the site. <br />6. The Division testified that, based on the condition of the site, it had <br />concerns with potential impacts to hydro balance; a lack of water control measures <br />for discharge; that no stormwater control plan or permit was in place for the site; <br />that the road cut destabilized slope on uphill; and that material dumped over side <br />of hill disturbed the 3:1 slope and made it unstable. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2016). <br />8. A "mining operation" means "the development or extraction of a <br />mineral from its natural occurrences on affected land" and includes surface <br />operations. C.R.S. § 34-32-103(8) (2016). Under section 34-32-109(1), C.R.S., an <br />operator is required to obtain a reclamation permit prior to engaging in a new <br />operation. Operator engaged in a new mining operation without first obtaining a <br />permit, in violation of section 34-32-109(1), C.R.S. <br />9. Pursuant to section 34-32-123(1), C.R.S., the Board may issue a cease <br />and desist order when it finds that an operator has failed to obtain a valid permit. <br />10. The Board may impose a civil penalty of not less than $50 per day or <br />more than $200 per day for each day during which a violation occurs. C.R.S. § 34- <br />32-123(3). Here, the Board may impose a penalty based on thirty-eight days of <br />violation at $50 to $200 per day for a civil penalty of $1,900 to $7,600. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds Keith McFarland in violation of section 34-32-109(1), C.R.S. for <br />engaging in a mining operation without first obtaining a reclamation permit. <br />Keith McFarland shall CEASE AND DESIST any further mining activities at <br />the site, except those activities approved by the Division, in writing subsequent to <br />the effective date of this Order, necessary to comply with the conditions of this <br />Order, to prevent damage to off-site areas or to protect health and safety. <br />The Board imposes against Keith McFarland the following CORRECTIVE <br />ACTION: <br />Keith McFarland <br />MV -2017-049 2 <br />