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reclamation permit as specified in this article." Building structures to be used in a <br /> mining operation affected the land and constituted a mining activity. Accordingly, <br /> the Operator engaged in a new mining operation without first obtaining a <br /> reclamation permit, in violation of section 34-32-109(2), C.R.S. <br /> 12. Pursuant to section 34-32-123(1), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to obtain a valid permit. <br /> 13. The Board may impose a civil penalty of not less than $50.00 per day <br /> or more than $200.00 per day for each day during which a violation occurs and for <br /> no less than 1 day and not more than 60 days. § 34-32-123(3), C.R.S. (2023). Here, <br /> the Board may impose a penalty based on up to 58 days of violation (from the July <br /> 24, 2023 start of construction to the September 20, 2023 hearing) at $50.00 to <br /> $200.00 per day for a civil penalty of$2,900.00 to $11,600.00. <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 Operator shall CEASE AND DESIST any further mining activities at the <br /> site, except those activities, approved by the Division in writing, until the corrective <br /> actions set forth herein have been resolved to the satisfaction of the Division and <br /> the Board. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall complete the permitting process and obtain a <br /> reclamation permit within statutory timeframes. <br /> The Board imposes a CIVIL PENALTY for 58 days of violation at $50.00 per <br /> day for a total civil penalty of$2,900.00. All but $1,000 of the penalty is suspended <br /> if the Operator complies with the corrective action within the time specified. The <br /> portion of the civil penalty not suspended, $1,000, shall be due and payable within <br /> 30 days of the effective date of this Order. If the Operator fails to timely complete <br /> the corrective action stated in this Order, the suspended civil penalty, $1,900, will <br /> become due and payable within 30 days of the deadline to complete the corrective <br /> action. <br /> MineWater, LLC <br /> M-2023-015 <br /> W-2023-014 3 <br />