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5. The Division's previous September 3, 2009 on-site inspection discovered the <br />construction of a new unpermitted mine portal at Level 1, complete with a steel set entry. <br />The November 24 inspection discovered that the Operator had constructed a mill facility <br />inside the unpermitted mine portal at Level 1. The mill facility includes a jaw crusher, cone <br />crusher, ball mill, three float cells, separation table, crushed ore bin, conditioning tank, sump <br />pump, and water spray bars positioned on a concrete floor. The mill circuit components are <br />connected by conveyor belts, augers, and pipes. A bank of electrical boxes is mounted on <br />the wall of the entry. Outside the new unpermitted portal and adjacent to the steel set entry <br />are three steel shipping containers, approximately eight feet wide, ten feet tall and 15 feet <br />long. One of the containers houses a generator, and the other two contain materials and <br />equipment. Everything described above except for the steel set entry was moved to or <br />constructed within the Level 1 entry after the Division's September 3, 2009 inspection. <br />6. On September 30, 2009, the Division informed the Operator by letter that <br />plans for a new mill facility must be submitted for review through the permit amendment <br />process and that such plans must be approved by the Division and bonded prior to beginning <br />construction of a mill facility. On October 1, 2009, the Division again reiterated to the <br />Operator by letter that plans for a mill facility must be submitted to the Division for review <br />through the permit amendment process. <br />7. At the February 2010 hearing, the Operator, through its attorney admitted the <br />permit violation and did not contest the Division's presentation of the facts. <br />CONCLUSIONS OF LAW <br />8. The Board has jurisdiction over this matter pursuant to §§ 34-32-104 through <br />107, and 124 of the Colorado Mined Land Reclamation Act, § 34-32-101 et seq. C.R.S. <br />(2009) ("Act"). <br />9. An Operator's permit must comply with the specific requirements of Rules <br />6.3.2, 6.3.3 and 6.3.4 of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Hard Rock, Metal and Designated Mining Operations ("Hard Rock <br />Rules") regarding the site description, mining plan, and reclamation plan. The Operator <br />installed the mill without first incorporating provisions for construction, operation, and <br />reclamation of the mill into the site's permit. The Operator has not described what measures <br />will be taken to reclaim the mill facility. Therefore, the new mill facility is not included in <br />the mine plan or reclamation plan for the May Day Mine, permit number M-1981-185. <br />10. Pursuant to § 34-32-124(1), C.R.S., an Operator must comply with the <br />conditions of a permit. The Operator, by constructing a mill facility within the unpermitted <br />portal at Level 1 that was not included in the reclamation plan for permit number M-1981- <br />185, is in violation of § 34-32-124(1), C.R.S., for failing to comply with the conditions of a <br />permit. <br />Order. <br />11. Pursuant to § 34-32-124(2)(a), C.R.S., the Board may issue a Cease and Desist <br />Wildcat Mining Corp., May Day Mine <br />Failure to Comply with Conditions of a Permit <br />M-1981-185, MV-2010-001