2019-10-02_ENFORCEMENT - M1994117

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23. Operator presented testimony regarding its efforts to address the Division's adequacy review letters, including that it needed more time to address the technical aspects of the remaining items with its expert, who was out of the country on the date of the hearing. Operator requested more time to resolve those remaining items and technical issues and offered to submit a bond increase of$21,000.00 while it works with the Division. 24. Both Operator and the Division agreed to stay the Division's denial of AM-1 for ninety days. CONCLUSIONS OF LAW 25. The Board has jurisdiction over this matter pursuant to the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). 26. By failing to obtain approval of AM-1 within the required time periods, Operator failed to comply with the conditions of a Board order, in violation of the Act pursuant to section 34-32-124(1), C.R.S. 27. The Board may issue a cease and desist order if it determines that any provision of the Act or Rules was violated. § 34-32-124(2), C.R.S. The Operator has violated section 34-32-124(1), C.R.S. by failing to comply with the conditions of the Board's order for violation MV-2017-036. 28. The Board may impose a civil penalty of not less than $50 per day nor more than $200 per day for each day during which a violation occurs. § 34-32- 124(7), C.R.S. (2018). Here, the Board may impose a penalty based on 36 days of violation (from the May 21, 2019 deadline to the June 26, 2019 hearing) at $50 to $200 per day for a civil penalty of$1,800 to $7,200. ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds Operator in violation of sections 34-32-124(1), C.R.S. and 34-32-118(1)(b) for failure to comply with the conditions of a Board Order, specifically the corrective actions in the Board's order issued for violation MV-2017-036. Colorado Milling Company, LLC Gold Hill Mill/M-1994-117 Violation No. MV-2019-018 4