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2022-02-18_ENFORCEMENT - M1977410
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2022-02-18_ENFORCEMENT - M1977410
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Last modified
3/8/2022 8:37:36 AM
Creation date
2/19/2022 7:02:03 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977410
IBM Index Class Name
Enforcement
Doc Date
2/18/2022
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Richard Mittasch - grand Island Resources LLC
Violation No.
MV2021017
Email Name
CMM
AME
MAC
Media Type
D
Archive
No
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34. Under section 34-32-116(7)(g), C.R.S., operators are required to minimize <br /> disturbances to the prevailing hydrologic balance of the affected land and of the <br /> surrounding area and to the quantity or quality of water in surface and groundwater <br /> systems both during and after the mining operation and during reclamation. The <br /> Operator failed to minimize the disturbance to the quality of water in the surface system <br /> by allowing the discharge of water in excess of its allowable limits, in violation of section <br /> 34-32-116(7)(g), C.R.S. <br /> 35. Rule 3.1.6(1)of the Mineral Rules and Regulations of the Colorado Mined <br /> Land Reclamation Board for Hard Rock, Metal, and Designated Mining Operations (the <br /> "Rules") requires operators to minimize disturbances to the quality and quantity of <br /> surface and groundwater during the mining operation and reclamation as measured by <br /> compliance with applicable Colorado water quality laws and regulations, including <br /> statewide water quality standards and site-specific classifications and standards <br /> adopted by the Water Quality Control Commission. Operator violated Rule 3.1.6(1) by <br /> failing to comply with its site-specific discharge standards adopted by the Water Quality <br /> Control Division. <br /> 36. Pursuant to section 34-32-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that an operator or person violated any provisions of the <br /> Act, permit, or regulation issued or promulgated under the Act. The Operator violated <br /> section 34-32-116(7)(g), C.R.S. and Rule 3.1.6(1). <br /> 37. Pursuant to section 34-32-124(7), C.R.S., the Board may impose a civil <br /> penalty of not less than $50 per day nor more than$200 per day for each day of <br /> violation. The Board may impose a civil penalty against the Operator based on 85 days <br /> of violation for a civil penalty of$4,250 to$17,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32-116(7)(g), C.R.S. and Rule 3.1.6(1)for its <br /> failures to minimize disturbances to the prevailing hydrologic balance of the affected <br /> land and of the surrounding area and to the quality of water in surface systems during <br /> the mining operation and during reclamation. <br /> The Operator shall CEASE AND DESIST any further activities underground, <br /> except those activities approved by the Division, in writing, as necessary to comply with <br /> the conditions of this Order, protect water quality, prevent damage to off site areas, <br /> complete reclamation, or to protect public health and safety, until all of the corrective <br /> actions have been resolved to the satisfaction of the Division. <br /> The Board imposes against Operator the following CORRECTIVE ACTIONS: <br /> Operator shall: <br /> Grand Island Resources LLC, <br /> M-1977-410 <br /> MV-2021-017 6 <br />
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