Laserfiche WebLink
27. Operator described the work it had already done in addressing the issue <br /> and stated that it had been communicating with WQCD regarding those efforts. <br /> Operator committed to copying the Division on all future communications with WQCD <br /> and asked the Division to open its communications with WQCD as well. <br /> 28. Operator presented testimony regarding the potential downsides from a <br /> cease and desist order, which could impair its ability to conduct activities necessary to <br /> remedy the discharge issues. In particular, Operator expressed the need to continue its <br /> efforts to reduce sedimentation from the Cross Mine from entering the water being <br /> discharged. Operator asked that any cease and desist order be tailored to allow <br /> Operator to continue that work. <br /> 29. Operator also asked the Board to wait to assess civil penalties should it <br /> find a violation until after WQCD had made its decision regarding the exceedances. <br /> 30. The Board stayed a decision on the amount of suspended civil penalties <br /> until its January 2022 meeting to allow Operator and the Division time to work together <br /> and present further evidence regarding efforts to address the issue. <br /> 31. At the Board's January 19, 2022, meeting, the Division presented <br /> testimony that Operator had been working well with the Division, had been in <br /> compliance with the cease and desist order and was making progress. Discharge data <br /> from November 2021 showed only exceedances in the pH and lead levels. Though the <br /> Division recognized that Operator was making progress and has shown commitment to <br /> compliance, its previous recommendation on civil penalties remained unchanged <br /> because that recommendation was based on facts that occurred prior to the hearing at <br /> the Board's December 15, 2021 meeting. <br /> 32. Operator also presented testimony regarding its efforts to address the <br /> discharge issue, public outreach regarding the issue, and the new treatment and <br /> filtration system. Regarding the exceedances in the November 2021 data, Operator <br /> explained that the new system was not online at that time and expressed satisfaction <br /> that preliminary results from the new system appeared to be achieving compliance with <br /> additional adjustments to the new system still in progress. The new system has been <br /> running continuously, and Operator has installed a remote control that allows full <br /> automation and remote monitoring. The latest sampling data from December showed <br /> compliance, and Operator hoped to have a record of full compliance through the next <br /> few months. <br /> CONCLUSIONS OF LAW <br /> 33. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Lard Reclamation Act, Article 32 of Title 34, C.R.S. (2021) ("Act"). <br /> Grand Island Resources LLC, <br /> M-1 977-410 <br /> MV-2021-017 5 <br />