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<br />-3- <br />diligently to try to correct the problem before the end of the inspection. Basin <br />Resources has additionally installed a new valve on Pond 7. <br />CONCLUSIONS OF LAW <br />Based upon the foregoing Findings of Fact and pursuant to C.R.S. 34-33-124, the Board hereby <br />concludes that: <br />1. The leak in the Pond 8 riser tube and the leak in the Pond 7 gated valve were <br />problems which allowed water, although unintentionally, to bypass the designed <br />structures of each pond. <br />2. The leaks were not caused by the storm. The storm only sewed to highlight the <br />defects which were already present. <br />BOARD ORDER <br />Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to C.R.S. <br />34-33-124, the Board hereby orders that: <br />1. Notice of Violation C-94-020 be upheld. <br />In clarification of the rights of affected parties and recipients of Notices of Violations, Cease and <br />Desist Orders and Board Orders, parties are advised to consult the Colorado Surface Coal <br />Mining Reclamation Act and the State Administrative Procedure Act. <br />Persons concerned with judicial review of the provisions of this order are advised to consult <br />C.R.S. 24-4-106, as amended. <br />er- ~ <br />Dated this /~ day of <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />LUKE DANIEISON, CHAII2MAN <br />m: \oss\gaw\newelk2. dih <br />