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The Operator shall CEASE AND DESIST any further leaching activities on <br /> an area approximately 2 acres in size on top of, immediately next to, and uphill of <br /> the impacted area on the 10,050 lift, until the Division reviews and approves the <br /> Environmental Protection Facility recertification of that area. <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTIONS. The Operator shall: <br /> 1. recertify the impacted area of the VLF2 Phase 3A as an environmental <br /> protection facility within 90 days of the effective date of this Order; <br /> 2. provide the Division with a specific plan and describe what controls will <br /> be in place to ensure ore will be stacked within the VLF facilities in <br /> accordance with Technical Revision 103; and <br /> 3. provide the Division with monthly summary reports with describe and <br /> depict how all ore was stacked within the VLF facilities and confirm that <br /> these activities were completed in accordance with Technical Revision <br /> 103's provisions. <br /> The Board imposes a CIVIL PENALTY for 45 days of violation at $1,000 per <br /> day for a total civil penalty of$45,000. $10,000 of the penalty is suspended if the <br /> Operator complies with the corrective actions within the time specified. The portion <br /> of the civil penalty not suspended, $35,000, shall be due and payable within thirty <br /> days of the effective date of this Order. If the Operator does not comply with the <br /> corrective actions set forth in this Order, the suspended civil penalty, $10,000, will <br /> become due and payable. <br /> DONE AND ORDERED this _3 day of May 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> ell Wareha is, air <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a complaint with the district court within 35 days after the effective date of this <br /> order, pursuant to section 24-4-106, C.R.S. (2023) and the Colorado Rules of Civil <br /> Cripple Creek & Victor Gold Mining Company <br /> Cresson Project/M-1980-244 <br /> MV-2024-007 3 <br />