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for failure to notify the Div" ion of loss of cc ntain Mont and for failure to comp with <br /> a condition of its permit. 1 <br /> The Operator shall CEASE AND DESIST any further vat leach tank <br /> activities at the High Grade Mill. Cresson Project, until the approved secondary <br /> containment capacity is reestablished. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall submit a Technical Revision to its permit to address <br /> enhancements to the capacity of primary containment and tank battery to minimize <br /> spills from the tanks. The Technical Revision shall also address enhancements to <br /> the capacity and maintenance of the secondary containment. Specifically, the <br /> Technical Revision must address the method and schedule for clean-out activities to <br /> restore capacity of the secondary- containment. The Operator shall submit the <br /> Technical Revision within thirty days of the effective date of this Order. <br /> The Board imposes a CI`7IL PENALTY for forty-seven days of violation at <br /> $1,000 per day for a total civil penalty of$47,000. All but $1,000 of the penalty is <br /> suspended if the Operator complies with the corrective action within the time <br /> specified. The portion of the civil penalty not suspended, $1,000. shall be due and <br /> payable within thirty days of the effective date of this Order. If the Operator fails <br /> to timely complete the corrective action stated in this Order, the suspended civil <br /> penalty, $46.000, will become due and payable within thirty days of the deadline to <br /> complete the corrective action. Failure to submit any portion of the civil penalty by <br /> the dates specified herein shall result in immediate submittal of any unpaid civil <br /> penalties to State collections. <br /> DONE AND ORDERED this -F k day of 2016. <br /> FOR THE COLORADO MINED LAND <br /> hECL-"LATION BOARD <br /> Forrest Luke, Chair <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a complaint with the district court within thirty-five (35) days after the effective <br /> date of this order, pursuant to section 24-4-106, C.R.S. (2015) and the Colorado <br /> Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br /> Cripple Creek & Victor Gold Mining Company- <br /> Cresson Project/M-19€30-244 <br /> 1MV-2016-035 <br /> 4 <br />