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13. On June 24, 2021, the Division inspected the site and met with the <br /> Operator. The Operator failed to inform the Division of any water quality issues at the <br /> site although work being done on the treatment ponds was discussed. <br /> 14. On September 21, 2021, the Division received a notice of non-compliance <br /> from WQCD for the site's exceedances at the permitted discharge location regarding <br /> zinc, cadmium, lead, copper, and silver. Some of the discharge exceedances went back <br /> to May 2020. <br /> 15. On October 1, 2021, the Division issued a Reason to Believe a Violation <br /> Exists and Notice of Board Hearing letter to Operator. The Notice described the alleged <br /> violation as the failure to minimize disturbances to the prevailing hydrologic balance of <br /> the affected land and of the surrounding area and to the quantity or quality of water in <br /> surface and groundwater systems both during and after the mining operation and during <br /> reclamation. 34-32-116(7)(g), C.R.S. and Rule 3.1.6(1). <br /> 16. The Division received a response from Operator on October 7, 2021, <br /> stating that activities at the site have stressed the lime-addition and detention pond <br /> water treatment system. The Operator's letter also stated that Operator was working on <br /> alternative water treatment systems, including ones that Operator hied but which were <br /> not fully effective at ensuring compliance with discharge standards. Operator had <br /> installed a first-generation active treatment plant was on-site for testing, but, despite <br /> contractual assurances to the contrary, the system had failed to meet the aquatic life <br /> standards for the discharge. <br /> 17. On November 5, 2021, WQCD issued Operator a Notice of Violation and <br /> Cease and Desist Order for violations of its discharge permit, including exceedances of <br /> lead, cadmium, zinc, silver, and copper. <br /> 18. On November 21, 2021, the Division began receiving complaints from <br /> downstream landowners regarding the situation at the site. The Division has been <br /> investigating those complaints and has met with other agencies, including WQCD, <br /> Boulder County, and the City of Boulder, who are also investigating the complaints. <br /> 19. On November 24, 2021, the Division met with Operator and its water <br /> treatment consulting firms to discuss the new water treatment system being installed at <br /> the site, costs associated with the system, and the expected timeline to achieve full <br /> compliance with Operator's discharge permit. <br /> 20. On November 30, 2021, WQCD withdrew the Notice of Violation and <br /> Cease and Desist Order it had issued on November 5, 2021 and issued a revised <br /> notice. <br /> 21. At the hearing held during the Board's December 15, 2021 meeting, the <br /> Division presented testimony and evidence regarding the violations. Under the current <br /> Grand Island Resources LLC, <br /> M-1977-410 <br /> MV-2021-017 3 <br />