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Based on the foregoing findings of fad 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 Board imposes against Operator the following CORRECTIVE ACTIONS: <br /> Operator shall: <br /> 1. Make any and all necessary repairs to the conveyance system that delivers mine <br /> water to the mine water holding pond; <br /> 2. Make any and all necessary repairs to the water treatment system and resume <br /> water treatment and discharge operations of mine water and stormwater pond in <br /> accordance with the approved reclamation permit and Colorado Department of <br /> Public Health and Environment permit; <br /> 3. Make any and all necessary repairs to the storm water management structures on <br /> site needed to convey stormwater in accordance with the stormwater management <br /> plan and commit to winter maintenance and resume water treatment operations <br /> when conditions allow; <br /> 4. Submit an interim financial warranty of$30,000.00 within 60 days of the date of <br /> this signed Board Order; <br /> 5. Submit the actual costs of conducting water treatment operations on an annual <br /> basis, to be included in an updated Reclamation Cost Estimate; and <br /> 6. Submit monthly status reports for the first quarter of 2022. The written report, <br /> supported by photo documentation, should outline the activities undertaken at the <br /> site during the current month and any activities planned for the next month to <br /> ensure compliance with section 34-32-116(7)(g)and Rule 3.16(1). The report shall <br /> also summarize any actions or findings of the Water Quality Control division of the <br /> Colorado Department of Public Health and Environment regarding the site <br /> discharge permit. Beginning in the second quarter of 2022,the reports shall be <br /> submitted quarterly for 18 months and include all required information and photos. <br /> The Board imposes a CIVIL PENALTY for 65 days of violation pursuant to <br /> section 34-32-124(7), C.R.S. at$750 per day for a total civil penalty of$48,750.00. All <br /> but $1,000 of the civil penalty is suspended if Operator timely complies with all the <br /> corrective actions set forth in this Order. The portion of the civil penalty not suspended <br /> ($1,000), shall be due and payable within 30 days of the effective date of this Order. If <br /> Operator does not timely comply with the corrective actions set forth above, then the <br /> suspended civil penalty, in the total amount of$47,750, shall be due and payable within <br /> 30 days of the deadline for the corrective action. <br /> LKA International Inc., <br /> M-1 978-091-UG <br /> MV-2021-026 4 <br />