Laserfiche WebLink
3. On June 9, 2020, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged <br />violations and information about the June 22, 2020 Board hearing. <br />4. On July 8, 2020, the Division mailed Operator a consent form detailing <br />the Division's recommendations to the Board regarding the violation, cease and <br />desist order, corrective action, and civil penalties. <br />5. Operator admitted the violation and agreed to the Division's <br />recommendations to the Board. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2020) ("Act"). <br />7. Section 34-32-109(2), C.R.S., provides that "any operator proposing to <br />engage in a new mining operation must first obtain from the board or office a <br />reclamation permit as specified in this article." By removing a mineral from its <br />natural occurrence and processing such minerals at the site, the Operator engaged <br />in a new mining operation without first obtaining a reclamation permit, in violation <br />of section 34-32-109(2), C.R.S. <br />S. 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 />9. 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 an operator engages in limited <br />impact mining operation without obtaining a reclamation permit under section 34- <br />32-110, C.R.S. § 34-32-123(3), C.R.S. (2020). Penalties shall be assessed for not less <br />than one day nor more than sixty. Id. Here, the Board may impose a penalty based <br />on 60 days of violation at $50 to $200 per day for a civil penalty of $3,000 to <br />$12,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34-32-109(2), C.R.S. for engaging in a new <br />mining operation without first obtaining a reclamation permit. <br />Greg Morrill <br />Bancroft Placer Mine / M-2020-025 <br />MV-2020-019 <br />2 <br />