2023-11-28_ENFORCEMENT - M1977300

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ORDER Based on the foregoing findings of fact and conclusions of law, the Board finds the Operator in violation of section 34-32-121.5, C.R.S., and Rule 8.1(b) for failure to notify the Division of the failure of an Environmental Protection Facility. The Board imposes against the Operator the following CORRECTIVE ACTIONS. The Operator shall acknowledge the Emergency Notification criteria for Designated Mining Operations pursuant to Rule 8.1 and submit a Technical Revision to account for the modifications to the Water Treatment Plant. The Technical Revision shall be submitted within 30 days of the date of the signed Board Order. The Board imposes a CIVIL PENALTY for 38 days of violation and assesses a civil penalty of$100 per day for a total civil penalty of$3,800, with all but $1,000 suspended if the Operator complies with the corrective action in the time specified. The portion of the civil penalty not suspended, $1,000, shall be due and payable within thirty days of the effective date of this Order. If the Operator does not comply with the corrective actions set forth in this Order, the suspended civil penalty, $3,800, will become due and payable. DONE AND ORDERED this 27 day of November 2023. FOR THE COLORADO MINED LAND RECLAMATION BOARD go--- Patrick Ortiz, Chair NOTICE OF JUDICIAL REVIEW RIGHTS This order becomes effective and final upon mailing. Any party adversely affected or aggrieved by agency action may commence an action for judicial review by filing a complaint with the district court within 35 days after the effective date of this order, pursuant to section 24-4-106, C.R.S. and the Colorado Rules of Civil Procedure. If a complaint for judicial review is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Camie Mojar. Colorado Legacy Land, LLC Schwartzwalder Mine/M-1977-300 MV-2023-013 4