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20. "Affected land" is the "surface of an area within the state where a <br /> mining operation is or will be conducted, which surface is disturbed as a result <br /> of the mining operation. § 34-32-103(1.5), C.R.S. (2021). Affected land includes <br /> "refuse banks or spoil piles; ... placer areas; tailings ponds or dumps; work, <br /> parking, storage, or waste discharge areas; and areas in which structures, <br /> facilities, equipment, machines, tools, or other materials or property which result <br /> from or are used in such operations are situated." Id. The activities and <br /> machinery at the site demonstrate that Operator is engaged in a Mining <br /> Operation as defined by the Act by milling ore and mine tailings. The site is <br /> Affected Land, as defined by the Act, because Operator is engaged in a Mining <br /> Operation and the site includes storage of mine tailings and ore and structures, <br /> facilities, equipment, and materials used in Operator's milling activities. <br /> 21. Section 34-32-109(1), C.R.S., provides that an operator must obtain a <br /> reclamation permit prior to engaging in a new operation. By operating a mill to <br /> process ore and tailings, the Operator engaged in a new Mining Operation without <br /> first obtaining a reclamation permit, in violation of section 34-32-109(1), C.R.S. <br /> 22. Whenever an operator fails to obtain a valid permit or the Board <br /> determines that there has been a violation of the Act, the Board may issue a cease- <br /> and-desist order and may require an operator to take corrective actions. §§ 34-32- <br /> 123(1); 34-32-124(2)(a) C.R.S. (2021). Operator is in violation of the Act by failing <br /> to obtain a reclamation permit. A cease-and-desist order and corrective actions are <br /> appropriate. <br /> 23. The Board may impose a civil penalty of not less than $50 per day nor <br /> more than $200 per day for each day the land has been affected by an unpermitted <br /> operation. § 34-32-123, C.R.S. (2021). Here, the Board may impose a penalty based <br /> on 00 days of violation at $50 to $200 per day, for a civil penalty of$3,000 to <br /> $12,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> Operator in violation of section 34-32-109, C.R.S. for failure to obtain a reclamation <br /> permit prior to engaging in a new Mining Operation. <br /> Operator, Mr. Paul Danio, Mr. Dave Emslie, and Rocky Flats Environmental <br /> Solutions, LLC, shall CEASE AND DESIST any further activities on the Affected <br /> Lands, except those activities approved by the Division in writing, as necessary to <br /> comply with the conditions of this Order, prevent damage to off-site areas, complete <br /> reclamation, or to protect human health and safety, until Operator has completed <br /> the corrective actions set forth in this Order to the satisfaction of the Division. <br /> Rocky Flats Environmental Solutions, LLC <br /> M-2020-044 <br /> MV-2022-012 6 <br />