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Division's letter provided notice regarding the alleged violations and information <br /> about the hearing to be held at the Board's March 20-21, 2024 meeting. <br /> 5. On February 26, 2024, the Operator and Division held a conference call <br /> with Operator presenting on a corrective action moving forward. <br /> 6. On March 1, 2024, the Division sent Operator a Staff Summary Form <br /> for Consent Agenda outlining the possible violation, corrective actions, civil penalty, <br /> and cease-and-desist order. <br /> 7. On March 7, 2024, the Division received the signed form signed by <br /> Operator admitting the violation and agreeing to the Division's recommendations to <br /> the Board. <br /> CONCLUSIONS OF LAW <br /> 8. 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). <br /> 9. The Cresson Project is a "Designated Mining Operation" as that term <br /> is defined by section 34-32-103(3.5), C.R.S. <br /> 10. The Operator is engaged in a "mining operation" as that term is <br /> defined in section 34-32-103(8), C.R.S. <br /> 11. Section 34-32-124(1), C.R.S., requires operators to comply with the Act, <br /> Rules, and their permits. By stacking ore downhill onto Drain Cover Fill from Cell 6 <br /> into Cell 5, the Operator failed to comply with a condition of its permit regarding the <br /> placement of ore in a downhill direction onto Drain Cover Fill within Valley Leach <br /> Facility 2 Phase 3A, specifically the procedures outlined in Technical Revision 103. <br /> 12. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation of a mining <br /> operation permit. § 34-32-124(7), C.R.S. (2023). Here, the Board may impose a <br /> penalty based on 45 days of violation from the February 4, 2024 ore stacking event <br /> to the March 20, 2024, Board meeting, at $100 to $1,000 per day for a civil penalty <br /> of$4,500 to $45,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of sections 34-32-124, C.R.S., for failure to comply with <br /> conditions of its permit. <br /> Cripple Creek & Victor Gold Mining Company <br /> Cresson Project/M-1980-244 <br /> MV-2024-007 2 <br />