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Gladstone Consent Agreement <br /> Page 2 of 4 <br /> September 1,2020 <br /> containment structure prior to the Division issuing the Reclamation <br /> Permit for the site. <br /> August 10, 2020 The Division determined the Limited Impact Operation 110(1) <br /> Reclamation Permit application under review by the Division was a <br /> Designated Mining Operation (DMO). <br /> August 11, 2020 The Division notified the Applicant of a possible violation,and the MLRB <br /> hearing date (RTB).A cease and desist order was issued pursuant to <br /> C.R.S. §34-32-123(1). <br /> August 18, 2020 The Applicant notified the Division, pursuant to Rule 7.2.4, of their <br /> disagreement with the DMO determination. <br /> August 20, 2020 The Applicant notified the Division of their disagreement with the cease <br /> and desist order. <br /> August 27,2020 The Division and the Applicant met, pursuant to Rule 7.2.4(1)(a),to <br /> discuss the DMO determination. The Applicant agreed to withdraw the <br /> 110(1) application and submit the appropriate DMO application. <br /> August 28, 2020 The Division received the notice of application withdrawal letter and <br /> withdrew the application. <br /> Reason for Violation: <br /> Pursuant to C.R.S. § 34-32-109(2)any Operator proposing to engage in a new mining operation <br /> must first obtain a permit. Construction of the ball mill and sediment containment structure <br /> constitutes "engaging in" a new mining operation. This activity is considered a "mining <br /> operation"as defined by C.R.S. § 34-32-103(8) and the land disturbed by the mining operation <br /> is considered "affected land"as defined by C.R.S. § 34-32-103(1.5). <br /> Prior to conducting this mining operation, a reclamation permit was not obtained from the <br /> Board or the Division in accordance with C.R.S. § 34-32-109(2). <br /> STAFF RECOMMENDATION <br /> Violation: <br /> Find a violation of C.R.S. § 34-32-109(2)for failure to first obtain a reclamation permit from the <br /> Board before engaging in a new mining operation. <br />