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<br />BOAIRD SECTION - TO BE COMPLETED BY THE BOARD <br />VIOLATION(S) -FINDINGS OF FACT (To be completed by the Board) <br />Violation of the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sea• and <br />specifically C.R.S. 34-32-103(13) and 34-32-116(1) for failure to perform such reclamation as is <br />prescribed by the reclamation plan. Specifically, failure to install and operate a tailings pond <br />evaporation system and land application system by deadline dates. <br />DURATION OF THE VIOLATION(S) <br />(The staff shall describe if the claimed violation(s) is actively occurring, and for how long. Also <br />describe any corrective actions in progress, or completed by the operator.) <br />The Board may determine the duration of the violation by considering any of the following: <br />1. The date of the inspection that identified the potential violation(s), <br />2. When the corrective action is completed, <br />3. When did or will the activity that caused the violation(s) cease, <br />4. The date the Board ordered corrective actions will be or are completed, <br />5. The date the Board ordered corrective actions begin, <br />6. Any other relevant evidence. <br />BOARD JUSTIFICATION FOR DURATION (To be completed by the Board) <br />1. The inspection date that identified the potential violation(s) April 9, 1997 <br />2. The date the activity that caused the violation(s) ceased Mav 10. 1997. <br />3. Any other relevant evidence. <br />The Division reminded the operator in a letter dated March 4, 1997 that the spray <br />evaporative system and the land application system needed to be installed before April <br />1, 1997. <br />BOARD JUSTIFICATION FOR THE AMOUNT OF THE CIVIL PENALTY AND <br />POS`.iIBLE SUSPENSIONS (To be completed by the Board) <br />BOARD ORDERED CORRECTIVE ACTIONS: <br />1. Staff recommendations. <br />1) Submit verification that the spray evaporative system meets the capacity as <br />designed by Richard Fox and approved by the Division no later than October 15, <br />1997. <br />5 <br />