Laserfiche WebLink
CONCLUSIONS OF LAW <br />S. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act, Article 32 of Title 34, C.R.S. (2017) ("Act"). <br />9. Under section 34-32-116(7)(h), C.R.S., operators are required to protect <br />areas outside of the affected land from slides or damage occurring during the <br />mining operation and reclamation. Operator affected approximately 0.6 acres of <br />land outside the boundary of the permit area. <br />10. The Division and the Board shall take reasonable measures to assure <br />the continued adequacy= of financial warranties. § 34-32-124-117(4)(b)(II), C.R.S. <br />The Board may increase or decrease the amount and duration of required financial <br />warranties upon a showing of good cause. § 34-32-117(4)(c)(I), C.R.S. Operators are <br />required to maintain a financial warranty in good standing for the entire life of a <br />permit. § 34-32-117(6)(a), C.R.S. Operator received written notice of an increase in <br />financial warranty* for the site and disputes the amount of the increase. <br />11. The Board may issue a cease and desist order if it determines that <br />any provision of the Act was violated. § 34-32-124(2), C.R.S. Operator is in <br />violation of section 34-32-116(7)(h), C.R.S. <br />12. The Board shall 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. § 34-32- <br />124(7), C.R.S. Here, the Board may impose a penalty based on thirty (30) days of <br />violation at $50 to $200 per day for a civil penalty of $1,500 to $6,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />orders as follows: <br />The Board finds Bad Boys of Cripple Creek Mining Co., Inc. in violation of <br />the Act under section 34-32-116(7)(h). C.R.S. for failing to protect areas outside the <br />affected land from slides or damage occurring during the mining operation and <br />reclamation. <br />Bad Boys of Cripple Creek Mining Co., Inc. shall CEASE AND DESIST all <br />further mining activities, except those approved by the Division, in writing, as <br />necessary to prevent further damage to off-site areas or to protect public health and <br />safety, until corrective actions listed below have been resolved to the satisfaction of <br />the Division. <br />Bad Boys of Cripple Creek Mining Co., Inc. <br />Bad Boys Pit I M-1996-081 <br />MV -2017-060 <br />3 <br />