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impoundment areas to prevent the release of potentially hazardous materials, but <br />Operator's permit is for a limited impact operation and does not have an <br />impoundment facility. The Division also presented testimony regarding the storage <br />of xanthate on the site. In particular, the xanthate, gravity concentrate, and <br />flotation concentrate were stored without a liner under the materials or adequate <br />secondary containment. The Division also stated that xanthate is a "designated <br />chemical" which require specific plans to ensure environmental safety. Operator's <br />permit, however, states that no designated chemicals would be used at the site. <br />S. At the hearing, Operator also presented testimony regarding the site. <br />Operator argued that because the Division had not told it xanthates are designated <br />chemicals, the Division's position relied on an arbitrary decision to consider <br />xanthates as designated chemicals. Operator claimed that former Minerals <br />Program Director at the Division had stated that the Division was only concerned <br />about cyanide. Operator did not, however, ask the Division if xanthate was an <br />acceptable chemical for use under his permit. <br />9. Operator also presented testimony regarding the scale of its milling <br />operations. According to Operator, its milling was not on a "commercial" scale and <br />was testing to produce concentrate. Operator testified that for the refiner to take <br />its concentrate, it had to be above 3 ounces of gold per ton and that made it <br />necessary to determine what level of concentrate it was able to mill. Operator did <br />not ask the Division if its process was milling or allowed under its permit. <br />CONCLUSIONS OF LAW <br />10. The Board has jurisdiction over this matter pursuant to the Mined <br />Land Reclamation Act, Article 32 of Title 34, C.R.S. (2020) ("Act"). <br />11. Section 34-32-124, C.R.S. provides for remedies and enforcement <br />whenever it appears to the Board or Division that a violation of any permit or <br />Rule has occurred. Operator's milling operations, use of xanthate, and dumping <br />of tailings onto an unlined waste rock pile violate Operator's permit and <br />approved environmental protection plan. <br />12. Whenever the Board determines that there has been a violation of the <br />Act or a permit, the Board may issue a cease and desist order and may require an <br />operator to take corrective actions. § 34-32-124(2)(a), C.R.S. (2020). Operator is in <br />violation of its permit. <br />13. The Board may impose a civil penalty of not less than $100 per day nor <br />more than $1000 per day for each day during which a violation occurs. § 34-32- <br />Mineral Mountain Gold, LLC <br />M-2014-045 <br />MV-2020-021 <br />3 <br />