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had been reduced, the stormwater pond was still full and was iced over. The Division <br /> stated that both ponds would have overflowed in October if rain or more mine discharge <br /> had entered them. <br /> 11. Operator presented testimony regarding the difficulties in accessing the <br /> site during the winter and trouble finding contractors to conduct the work necessary to <br /> comply with the corrective actions. Operator had been able to arrange for a contractor <br /> to perform work at the site and stated that it had treated almost 10,000 gallons of water <br /> and had taken water out of the storm water pond to reduce its level to below half full. <br /> Operator stated that, with the onset of winter, the ponds would remain frozen until at <br /> least April. <br /> 12. The Division and Operator agreed that many of the corrective actions <br /> required in the Division's October 21, 2021 inspection report had been completed. <br /> CONCLUSIONS OF LAW <br /> 13. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2021) ("Act"). <br /> 14. 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. By failing to <br /> maintain its mine discharge and stormwater treatment systems, the Operator failed to <br /> minimize the disturbance to the prevailing hydrologic balance of the affected land and of <br /> the surrounding area and to the quantity and quality of water in surface and <br /> groundwater systems, in violation of section 34-32-116(7)(g), C.R.S. <br /> 15. 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 permitted water treatment plan and related obligations. <br /> 16. Pursuant to section 34-32-124(7), C.R.S., the Board may impose a civil <br /> penalty of not less than $100 per day nor more than $1000 per day for each day of <br /> violation. The Board may impose a civil penalty against the Operator based on 65 days <br /> of violation for a civil penalty of$6,500 to$65,000. <br /> ORDER <br /> I-KA International Inc., <br /> M-1978-091-UG <br /> MV-2021-02e <br />