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6. On August 1.1., 2020, the Division sent Operator a Reason to Believe a <br />Violation Exists letter notifying Operator that the Division had determined that <br />Operator had engaged in a new mining operation without first obtaining a <br />reclamation permit. The Division also issued a cease and desist order and notified <br />Operator that the matter had been set for a hearing at the Board's September 23, <br />2020 meeting, <br />7. After meeting with the Division on August 27, 2020, Operator <br />withdrew its application by a letter received by the Division on August 28, 2020. <br />8. On September 4, 2020, the Operator admitted the violation and agreed <br />to the Division's recommendations to the Board. <br />CONCLUSIONS OF LAW <br />9. 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 />10. 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 constructing a ball mill and <br />sediment containment structure, the Operator engaged in a new mining operation <br />without first obtaining a reclamation permit, in violation of section 34-32-109(2), <br />C.R.S. <br />11. Pursuant to section 34-32-123(1), C.R.S., the Board or Division may <br />issue a cease and desist order when it finds that an operator has failed to obtain a <br />valid permit. <br />12. 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 a violation occurs. C.R.S. § 34- <br />32-123(3) (2020). Here, the Board may impose a penalty based on 43 days of <br />violation (from the August 11, 2020 Reason to Believe letter to the September 23, <br />2020 hearing) at $50 to $200 per day for a civil penalty of $2,150 to $8,600. <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 />The Board AFFIRMS the cease and desist order issued by the Division for the <br />affected lands, except for environmental maintenance, reclamation, or corrective <br />Salisbury Gladstone LLC <br />M-2020-030 <br />MV-2020-24 <br />F <br />