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124(7), C.R.S. (2020). Here, the Board may impose a penalty based on 49 days of <br />violation at $100 to $1000 per day for a civil penalty of $4,900 to $49,000. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />Operator in violation of sections 34-32-124, C.R.S. for failure to comply with the <br />permit. <br />Operator shall CEASE AND DESIST any further mining activities, except <br />those activities approved by the Division in writing, as necessary to comply with the <br />conditions of this Order, prevent damage to off -site areas, or to protect human <br />health and safety, until Operator has completed the corrective actions set forth in <br />this Order to the satisfaction of the Division. <br />The Board imposes against Operator the following CORRECTIVE ACTIONS: <br />Operator shall: <br />1. File a Technical Revision within fifteen days of the mailing date of this Order <br />to propose a plan to appropriately dispose of xanthate and flotation <br />concentrate currently stored on site. The Technical Revision shall also include <br />a plan to either: <br />a. Excavate and haul uncharacterized mill tailings off -site to an <br />appropriate disposal facility, or <br />b. Have a third party sample and characterize the mill tailings to <br />determine if they can be left in place; and <br />2. File an Amendment application updating the Mine Plan and Environmental <br />Protection Plan to describe current and proposed mining and milling activities <br />at the site. The Amendment shall be filed within sixty days of the mailing date <br />of this Order, with all material in an approvable form within statutory <br />deadlines. <br />The Board imposes a CIVIL PENALTY for 49 days of violation pursuant to <br />section 34-32-124(7), C.R.S. at $1000 per day for a civil penalty of $49,000. All but <br />$5,000 of the civil penalty is suspended if Operator timely complies with all the <br />corrective actions set forth in this Order. The portion of the civil penalty not <br />suspended ($5,000) shall be due and payable within thirty (30) days of the effective <br />date of the Board Order. If Operator does not timely comply with the corrective <br />actions set forth above, then the suspended civil penalty, in the total amount of <br />$44,000, shall be due and payable. Failure to submit any due and unpaid civil <br />Mineral Mountain Gold, LLC <br />M-2014-045 <br />MV-2020-021 <br />4 <br />