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regarding the alleged violations and information about the hearing before the Board, <br />scheduled for January 27, 2016. <br />16. The Mining Plan allows the tailings impoundment to contain only <br />tailings capable of generating acid drainage, not the mine dump materials the <br />Division observed during the September 2015 inspection and November 2015 <br />inspection. The Mining Plan does not contain a provision for covering the tailings <br />impoundment liner in the event it is exposed for prolonged periods. <br />CONCLUSIONS OF LAW <br />17. The Board has jurisdiction over this matter pursuant to the Act. <br />18. The Board and Division are authorized to require an operator to have <br />an inspection and certification of any EPF at a designated mining operation. C.R.S. <br />§ 34-32-112.5(4)(a) (2015). The Division required Operator to have an inspection <br />and obtain certification of the tailings impoundment as an EPF. <br />19. Rule 3.1.5(5) specifies reclamation measures pertaining to handling <br />and disposal of acid forming or toxic producing materials. Rule 3.1.5(10) specifies <br />reclamation standards pertaining to disposal of mined materials to prevent release <br />of pollutants the surface drainage system. Rules 6.4.21(6)(b)(ii) and (iii), and <br />6.4.21(7)(b) and (e) specify the requirements of designated mining operation <br />environmental protection plans. <br />20. Operator's unauthorized use of the tailings impoundment is in direct <br />conflict with the measures and standards outlined in the Mining Plan for permit <br />number M-2009-076, as required by Rules 3.1.5(5) and (10), 6.4.21(6)(b)(ii) and (iii), <br />and 6.4.21(7)(b) and (e). <br />21. Operator's use of the tailings impoundment in a manner not authorized <br />by the Mining Plan or for which it was designed and intended constitutes a violation <br />of permit number M-2009-076. <br />22. Operator's certification of the tailings impoundment for the EPF is <br />void due to Operator's use of the tailings impoundment in a manner not authorized <br />by the Mining Plan or for which it was designed and intended. <br />23. The Board may issue a cease and desist order when it determines that <br />a provision of the permit has been violated. C.R.S. § 34-32-124(2)(a) (2015). <br />Operator violated permit number M-2009-076 by violating provisions of the Mining <br />Plan by using the impoundment tailings liner in an unauthorized manner. <br />24. The Board may impose a civil penalty of not less than $50 per day nor <br />more than $200 per day for each day during which a permit violation occurs. C.R.S. <br />Venture Resources, Inc. <br />Hukill Gulch Millsite, M-2009-076 <br />MV -2016-007 <br />4 <br />