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the alleged violations of section 34-32-109, C.R.S. and information about the <br />December 12, 2018 hearing. <br />5. At the hearing, the Division testified regarding the state of the site <br />and its view that the activities conducted by Operator constituted mining <br />operations. The Division also presented testimony regarding Summit County's <br />enforcement proceedings, which seek similar corrective actions to the Division. <br />The Division also testified that discharge of waste water did not appear to be an <br />issue at the site and that any tailings appear to have been bagged and used in <br />retaining walls on the site. <br />fi. At the hearing, Steven Hunter and Danny Teodoru, Esq. testified on <br />behalf of Operator. Mr. Teodoru stated that Operator was working to comply with <br />Summit County to resolve its concerns and that Operator was also willing to work <br />with the Division to submit a permit application even though they disagreed that <br />the Operator's activities at the site constituted mining operations. Mr. Hunter <br />testified regarding his activities at the site and stated that he had removed <br />material from an 1800's era shaft down to the original ground in places. Mr. <br />Hunter also testified regarding his willingness to comply with corrective actions <br />requested by the Division. <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. (2018). <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 and milling or other processing. § 34-32-103(8), C.R.S. (2018). Under <br />section 34-32-109(1), C.R.S., an operator is required to obtain a reclamation permit <br />prior to engaging in a new operation. Operator engaged in a new mining operation <br />without first obtaining a 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. § 34-32- <br />123(3), C.R.S. (2018). Here, the Board may impose a penalty based on sixty days of <br />violation at $50 to $200 per day for a civil penalty of $3,000 to $12,000. <br />Steven Hunter <br />MV -2018-038 2 <br />