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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV- 2021-015 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF OURAY SILVER MINES, INC., Permit No. M-2012- <br />032 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on August 18, 2021 via teleconference as a consent agenda matter to consider the <br />Division of Reclamation, Mining, and Safety's ("Division") and Ouray Silver Mines, <br />Inc.'s ("Operator") Stipulated Agreement Regarding Offsite Impacts and Permit <br />Amendment ("Agreement"). <br />The Board, having considered the Agreement and being otherwise informed, <br />approves the provisions of the attached Agreement and orders the following: <br />FINDINGS OF FACT <br />1. The Board adopts and incorporates the Recitals, paragraphs A. through <br />L., of the Agreement as if set forth fully herein. The Agreement is attached hereto. <br />CONCLUSIONS OF LAW <br />2. 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 />3. Section 34-32-116(7)(h), C.R.S. requires operators to protect areas <br />outside of the affected land from slides or damages occurring during the mining <br />operation or reclamation. Based on the facts and findings contained in the <br />Agreement, Ouray Silver Mines, Inc. has failed to protect areas outside of the <br />affected lands from slides or damages occurring during the mining or reclamation <br />and has violated section 34-32-116(7)(h), C.R.S. <br />4. Pursuant to section 34-32-124(7), C.R.S., any person who violates any <br />provision of a permit shall be subject to a civil penalty of not less than one hundred <br />dollars ($100) nor more than one thousand dollars ($1,000) per day for each day <br />each violation occurs. Here, the Board may assess a civil penalty of $4,100 to <br />$41,000 for 41 days of violation. <br />