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has violated a permit provision. Suspension of Operator's permit is warranted <br /> because his construction of a water conveyance and irrigation systems within the <br /> permitted boundary violate the conditions of Permit number 1996-076. <br /> 20. Pursuant to section 34-32.5-124(6)(b), C.R.S., if the Board suspends a <br /> permit, an operator may continue mining operation solely for the purpose of <br /> bringing mining operations into satisfactory compliance with the provisions of the <br /> permit. <br /> 21. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br /> than $100 per day nor more than $1,000 per day for each day during which an <br /> operator violates or fails to comply with the conditions of an order, permit, or <br /> regulation. Here, the Board may assess a civil penalty of$7,900 to $79,000, for 79 <br /> days of violation (from the date of the June 1, 2020 Division inspection to the <br /> Board's August 19, 2020 hearing). <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-124, C.R.S. for failing to comply with the <br /> conditions of the permit. <br /> The Board ORDERS that permit M-1996-076 is hereby suspended pursuant to <br /> section 34-32.5-124(6), C.R.S. <br /> The Operator and any of his associates shall CEASE AND DESIST all mining, <br /> prospecting, milling, exploration and other mining operations. Operator shall not <br /> apply any water within the permit boundary. Activity on the site is limited to those <br /> necessary for the purposes of complying with the corrective actions in this Order and <br /> bringing the operation into compliance. <br /> The Board ORDERS the following corrective actions: <br /> 1. Within thirty days of the effective date of this Order, the Operator shall <br /> submit a written plan and gain approval to either: a) remove all water <br /> distribution lines, risers and grade ditches used to convey water associated <br /> with the middle field within the permit boundary; or b)remove the <br /> irrigated portion of the middle field from within the mine permit boundary; <br /> 2. The Operator shall submit to the Division's Denver office written <br /> documentation and photos of all corrective actions completed; and <br /> Rudolph Fontanari <br /> M-1996-076 <br /> MV-2020-023 <br /> 5 <br />