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further observed traces of material outside of the secondary containment structure, <br /> v hich appear d son �roject similar to the material consumi4 the capacit of the secondary <br /> containment s ructure. The approved permit for the Cres states that all <br /> spills and leaks from the cyanidation leach tanks will be contained within the <br /> curbed concrete foundation. <br /> 3. Amendment 10, Volume 1, Exhibit U, Sections 6.3.2 and 6.4 of the <br /> permit specifically address the secondary containment structure. The Operator did <br /> not notify the Division that Vat Leach Tank#1 had failed to contain or control <br /> process solutions and did not notify the Division of loss of secondary containment, <br /> not only when the capacity of the secondary containment structure had been <br /> consumed, but also when the curbing of the secondary containment structure failed <br /> to contain and control process solutions ejected from Vat Leach Tank#1. <br /> 4. On May 6, 2016, the Division sent the Operator the April 28, 2016, <br /> inspection report and a Reason to Believe a Violation Exists letter. The Division's <br /> letter provided notice regarding the alleged violations and information about the <br /> June 22, 2016, hearing. <br /> 5. On June 6, 2016, the Operator admitted the violation and agreed to the <br /> Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 6. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2015). <br /> 7. The Cresson Project is a "Designated Mining Operation" as that term <br /> is defined by section 34-32-103(3.5), C.R.S. <br /> 8. The Operator is engaged in a "mining operation" as that term is <br /> defined in section 34-32-103(8), C.R.S. <br /> 9. The Vat Leach Tank#1 at the High Grade Mill at the Cresson Project <br /> is an "Environmental Protection Facility" pursuant to Rule 1.1(15) of the Mineral <br /> Rules and Regulations of the Colorado Mined Land Reclamation Board-for Hard <br /> Rock, Metal, and Designated Mining Operations. <br /> 10. The secondary containment structure for the vat leach tanks at the <br /> High Grade Mill at the Cresson Project is an "Environmental Protection Facility" <br /> pursuant to Rule 1.1(15). <br /> 11. Section 34-32-121.5, C.R.S., provides that "[a]ny person engaged in a <br /> mining operation shall notify the office of any failure or imminent failure as soon as <br /> Cripple Creek &Victor Gold Mining Company <br /> Cresson Project/M-1980-244 <br /> MV-2016-035 2 <br />