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' <br /> • <br /> 4. Permit number M-1983-141 was transferred from Mount Royale <br /> Ventures, LLC to AGC Resources, LLC in August 2010. <br /> 5. On December 22, 2010, the Division conducted an inspection of the site <br /> and found that the 3rd level adit was discharging mine water at a rate of <br /> approximately 5-10 gallons per minute. The Division required the Operator to <br /> obtain a discharge permit from the Colorado Department of Public Health and <br /> Environment ("CDPHE"). <br /> 6. On May 26, 2011, the Operator submitted survey results which <br /> demonstrated that the secondary escape-way was constructed outside the permit <br /> boundary. The Operator committed to permanently close the secondary escape-way <br /> by August 31, 2011. <br /> 7. The Operator failed to close and reclaim the secondary escape-way. <br /> 8. The Division inspected the site on August 24, 2011 for the purpose of <br /> following up on several outstanding problems identified during previous <br /> inspections. Boulder County representatives and the landowner, Mark Steen, <br /> attended the inspection. <br /> 9. During the August 24, 2011 inspection, the Division observed that, <br /> among other things, the 3rd level adit was still discharging mine water. The Division <br /> also found that the Operator had not obtained a discharge permit from CDPHE. <br /> 10. On September 12, 2011, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter which provided notice regarding the alleged <br /> violations and the October 2011 hearing. <br /> 11. On September 16, 2011, the Division sent the Operator the August 24, <br /> 2011 inspection report. <br /> 12. The Operator failed to submit Annual Water Monitoring Reports for <br /> 2009 and 2010. <br /> 13. The Operator disturbed approximately 100 square feet of land outside <br /> the approved permit boundary. <br /> 14. On September 23, 2011, the Division received notice that the primary <br /> contact for the Operator was no longer affiliated with AGC Resources, LLC. <br /> 15. On October 12, 2011, the Board held a hearing to consider an alleged <br /> violation by the Operator for failing to protect areas outside the affected land from <br /> slides or damage occurring during the mining operation; failing to minimize <br /> AGC Resources, LLC <br /> Cash and Who Do Mines, M-1983-141 <br /> MV-2012-006 2 <br />