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16. Section 34-32.5-116(4)(g) and Rule 3.1.9 require operators to stockpile <br /> and preserve topsoil removed during a mining operation. By failing to maintain and <br /> preserve topsoil removed during mining, the Operator is in violation of section 34- <br /> 32.5-116(4)(g), C.R.S. and Rule 3.1.9. <br /> 17. 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 occurs. § 34-32.5-124(7), C.R.S. (2025). Here, the Board may <br /> impose a penalty based on 37 days of violation, at $100 to $1,000 per day, for a civil <br /> penalty of$3,700 to $37,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-116(4)(i) for failure to protect areas <br /> outside affected land from slides or damage occurring during mining or reclamation; <br /> section 34-32.5-124 for failure to comply with the conditions of the permit or <br /> regulation; section 34-32.5-116(4)(h) for failure to minimize disturbances to the <br /> hydrologic balance; section 34-32.5-116(4)0) for failure to stabilize spoil piles to <br /> effectively control erosion; and section 34-32.5-116(4)(g) and Rule 3.1.9 for failure to <br /> retain topsoil for reclamation. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTIONS: <br /> 1. Within 90 days of the effective date of this Order, the Operator shall submit <br /> either a 112c amendment application to incorporate the affected land outside <br /> the permit boundary OR a 110c permit application for the overburden <br /> stockpile area to include the affected area outside the permit boundary. <br /> Either application must be in an approvable form within statutory <br /> timeframes. <br /> 2. Within 90 days of the effective date of this Order, the Operator shall submit: <br /> a. A report to the Division detailing progress of obtaining compliance with <br /> applicable floodplain permitting requirements or regulations; <br /> b. A technical revision to the reclamation plan to include an erosion control <br /> plan, or address the issue in any permit amendment application filed to <br /> comply with Corrective Action 1 above; and <br /> c. A technical revision to the reclamation plan to address the lack of topsoil <br /> retained onsite and how growth medium will be obtained for reclamation, <br /> or address this issue in any permit amendment application filed to comply <br /> with Corrective Action 1 above. <br /> BURNCO Colorado, LLC, <br /> Bernhardt Resource/M-2002-120 <br /> MV-2025-012 4 <br />