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5. On August 14, 2023, the Division conducted a pre-operational <br /> inspection of the site and observed that construction of the ore sorting facility had <br /> begun. The Division observed that a concrete foundation and structure had been <br /> built, with a 60 foot by 60-foot concrete pad on a 4-inch concrete foundation poured. <br /> During the inspection, site personnel were building a metal structure on the pad <br /> that would contain the x-ray sorter. Operator informed the Division that they had <br /> started building the facility after confirming with Park County that no building <br /> permit was necessary. The Division estimated that the building activities had <br /> started no later than July 24, 2023. The inspection report, signed on August 18, <br /> 2023, provided Operator notice that the Division viewed the construction as mining <br /> activities that disturbed the land prior to obtaining a reclamation permit. <br /> 6. On August 18, 2023, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the <br /> alleged violation and information about the September 20-21, 2023, hearing. <br /> 7. At the September 20, 2023, hearing, the Division provided testimony <br /> regarding the Application, the site's history, and the nature of the building <br /> activities on the site. The concrete pad and building constructed on the site are the <br /> same buildings proposed in the Application. Though the site has been disturbed by <br /> previous mining activities, the facility built by Operator constitutes affected land <br /> that requires a permit. <br /> 8. Operator also presented testimony at the September 20, 2023 hearing <br /> through Mr. Harrington, who described the site and the water treatment conducted <br /> at the site. Since taking ownership of the London Mine, Operator has reduced zinc <br /> and cadmium levels in water discharging from the mine by 90%. Operator's plan to <br /> separate waste rock into non- or low- mineral rock from materials high in minerals <br /> should generate revenue, provide work for a mill, and reduce the mineral load on <br /> site. <br /> 9. Mr. Harrington also testified that following a call with the Division <br /> earlier this year, he understood that he could not move mine waste rock without a <br /> reclamation permit, but he was under the misimpression that pouring concrete for <br /> the building would not be a violation. Mr. Harrington apologized for violating the <br /> rules and asked for forbearance on penalties. <br /> CONCLUSIONS OF LAW <br /> 10. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2023) ("Act"). <br /> 11. 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 /> MineWater, LLC <br /> M-2023-015 <br /> MV-2023-014 2 <br />