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10. The staff recommends an amendment application which shall include, at a <br />minimum, an increase in acreage to include the area of the slope failure and associated <br />erosion, and the area of gulch diversion structure (both onsite and offsite) with corrected <br />maps to show the increase acreage; a reclamation plan for the area of the slope failure and <br />erosion, and the gulch diversion; and appropriate design specifications, certified by a <br />licensed professional engineer, for the existing gulch diversion, or if no designs or <br />certification exist to the Division's satisfaction design specifications must be submitted for a <br />new diversion structure, certified by a licensed professional engineer, in accordance with the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock, Metal and Designated Mining Operations (Hard Rock/Metal Mining Rules) <br />6.4.20(10)(a) and (b), Surface Water Control and Containment Facilities Information, 2 <br />CCR 704-1. <br />CONCLUSIONS OF LAW <br />11. The Board has jurisdiction over this matter pursuant to §§34-32-105(4), and <br />34-32-107(2), C.R. S. of the Colorado Mined Land Reclamation Act, Section 34-32-101, et <br />seq., C.R.S. (2007) (the "Act"). <br />12. Section 34-32-116(7)(g), (h) and (i), C.R.S. states: <br />Reclamation plans and the implementation thereof shall conform to <br />the following general requirements:. . <br />(g) Disturbances to the prevailing hydrologic balance of the <br />affected land and of the surrounding area and to the quality and <br />quantity of water in surface and groundwater systems both during <br />and after the mining operation and during reclamation shall be <br />minimized. Nothing in this paragraph (g) shall be construed to <br />allow the operator to avoid compliance with other statutory <br />provisions governing well permits and augmentation requirements <br />and replacement plans when applicable. <br />(h) Areas outside of the affected land shall be protected from <br />slides or damage occurring during the mining operation and <br />reclamation. <br />(i) All surface areas of the affected land, including spoil piles, <br />shall be stabilized and protected so as to effectively control erosion <br />and attendant air and water pollution. <br />13. Section 34-32-124(7), C.R.S. allows the Board to penalize any person who <br />violates any provision of any permit issued under the Act not less than one hundred dollars <br />per day, but not more than one than one thousand dollars per day for each day during which <br />the violation occurs, unless the operator operates under a permit issued under §34-32-110, in <br />which case the civil penalty cannot be less than fifty dollars nor more than two hundred <br />Golden Wonder Mine <br />Permit No. M-1978-091