Laserfiche WebLink
5. On September 26, 2019, the Operator signed the consent agreement <br /> admitting the violation and agreed to the Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 6. The Board has jurisdiction over this matter pursuant to the Mined <br /> Land Reclamation Act, Article 32 of Title 34, C.R.S. (2019) ("Act"). <br /> 7. Section 34-32-116(7)(h), C.R.S. requires operators to protect areas <br /> outside of the affected land from slides or damage occurring during the mining <br /> operation and reclamation. The Operator affected land outside the approved affected <br /> area during the mining operation, in violation of section 34-32-116(7)(h), C.R.S. <br /> 8. Pursuant to section 34-32-124(2), C.R.S. the Board may issue a cease <br /> and desist order if it determines that a provision of the Act has been violated. The <br /> Operator failed to protect areas outside of the affected land from slides or damage <br /> occurring during the mining operation and reclamation, in violation of section 34- <br /> 32-116(7)(h), C.R.S. <br /> 9. The Operator failed to comply with its permit by violating section 34- <br /> 32-116(7)(h). <br /> 10. Pursuant to section 34-32-124(7), C.R.S. the Board may impose a civil <br /> penalty of not less than $50 per day nor more than $200 per day for each day during <br /> which a permit violation occurs. The Board may impose a civil penalty against the <br /> Operator based on 56 days of violation (from the date of the August 29, 2019 <br /> inspection to the October 23, 2019 hearing) at $50 to $200 per day for a civil penalty <br /> of$2,800 to $11,200. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32-116(7)(h), C.R.S. for failing to protect <br /> areas outside the affected land from slides or damage occurring during the mining <br /> operation or reclamation. <br /> The Operator shall CEASE AND DESIST all further mining activities on <br /> lands outside of the approved permit boundary, except those activities approved by <br /> the Division, in writing, as necessary to comply with the conditions of a Board <br /> Order, prevent damage to off-site areas, or to protect public health and safety, until <br /> corrective actions have been resolved to the satisfaction of the Division and the <br /> Board. <br /> Colorado Calumet Co., Inc. <br /> M-2017-0031 Detroit City Mine <br /> MV-2019-028 2 <br />