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dollars per day for each day during which such violation occurs. The permit in this matter <br />was issued under §34-32-110, C.R.S. <br />14. Pursuant to §34-32-124(2)(a), C.R.S., the board may issue a cease and desist <br />order if the board determines there exists any violation of any provision of the Act, the Hard <br />Rock/Metal Mining Rule, or the permit. <br />15. Based on the testimony and evidence submitted at the hearing the Board <br />determines the Operator violated §34-32-116(7)(g), (h) and (i), C.R.S., by installing an <br />unapproved onsite stormwater conveyance structure, which allowed runoff to saturate an <br />offsite hillside, resulting in hill slope failure, causing mud, rocks and trees to wash down the <br />slope to Deadman Gulch, followed by muddy runoff continuing down the gulch, overtopping <br />a culvert and spilling onto a highway. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law the board finds the <br />Operator has violated §34-32-116(7)(g), (h) and (i), C.R.S. by failing to minimize the <br />adverse impacts to the hydrologic balance, failing to protect areas outside the affected land <br />from slides or damage occurring during the mining operation or reclamation and failing to <br />stabilize and protect the surface of the affected land from erosion and water pollution. The <br />Board ORDERS the Operator to submit a permit amendment as outlined below and also <br />ORDERS the following civil penalties, corrective action and bond requirements: <br />The Operator is ordered to cease and desist all construction on the diversion channel <br />until a permit amendment is approved by the Division. The Operator may continue drilling. <br />The Operator must submit an interim bond in the amount of $5,000.00 to the Division <br />within ten days of the Board's August 13, 2008 hearing, to cover the reclamation of the <br />onsite gulch diversion structure (until such time as the structure is made part of the permit <br />and properly bonded). <br />The Operator shall be required to submit a permit amendment application, including <br />the appropriate fee, within 10 days from the date of the Board's August 13, 2008 meeting <br />and obtain Division approval of the amendment application within 30 days of the Division's <br />receipt of the amendment application. The amendment application shall include, at a <br />minimum, the Division's recommendations listed in paragraph 10 above. <br />The Operator is assessed a civil penalty of $12,800.00 for 64 days of violation (the <br />date the violation occurred on May 6, 2008 until the first Board meeting this matter could <br />have been heard on 7/9/08) at $200 per day, with all but $2,500.00 to be suspended provided <br />the Operator meets the conditions outlined above. The fine shall be due within 30 days of <br />the date the Board's Order is mailed. <br />Golden Wonder Mine 4 <br />Permit No. M-1978-091