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Consent Agenda Form <br /> M-1980-244 <br /> March 1, 2024 <br /> Page 2 of 3 <br /> Staff Recommendations: <br /> Violation: Find the Operator in violation pursuant C.R.S. §34-32-124(1), for failure to <br /> comply with a condition of the permit regarding the placement of ore in a downhill <br /> direction onto Drain Cover Fill within Valley Leach Facility 2 Phase 3A. Specifically, <br /> this is a violation of procedures outlined in Technical Revision 103. <br /> Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further <br /> leaching activities on an area approximately 2 acres in size on top of, immediately next <br /> to, and uphill of the impacted area on the 10,050 lift, until the Division reviews and <br /> approves the Environmental Protection Facility re-certification of this area. <br /> Corrective Action(s): Require the Operator to: <br /> 1) Re-certify the impacted area of VLF2 Phase 3A as an Environmental <br /> Protection Facility within 90 days of the effective date of the Board Order. <br /> 2) Provide DRMS with a specific plan and describe what controls will be in <br /> place to ensure ore will be stacked within the VLF facilities in accordance <br /> with Technical Revision 103. <br /> 3) Provide DRMS with monthly summary reports which describe and depict how <br /> all ore was stacked within the VLF facilities and confirm that these activities <br /> were completed in accordance with Technical Revision 103 provisions. <br /> Civil Penalties: Pursuant to C.R.S. §34-32-124(7) an operator who violates any <br /> provision of a permit shall be subject to a civil penalty of not less than $100 per day, nor <br /> more than $1,000 per day for each day during which such violation occurs. In this case, <br /> there are 45 days of violation from the February 4, 2024, ore stacking event to the March <br /> 20, 2024, Board Hearing. <br /> Assess a civil penalty of$1,000 per day of violation for 45 days, for a total civil penalty <br /> amount of$45,000, with $10,000 suspended if the Operator complies with the corrective <br /> actions. The portion of the civil penalty not suspended, $35,000, shall be due and payable <br /> within 30 days of the effective date of the Board Order. If the Operator does not comply <br /> with the corrective actions set forth in the Order, then the suspended penalties, $10,000 <br /> shall be due and payable. Failure to submit any due and unpaid civil penalties shall result <br /> in immediate submittal of such penalties to State collections. <br />