2010-08-11_ENFORCEMENT - M1977300

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ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby finds the Operator in violation of § 34-32-116(7)(g), C.R.S., for failure to minimize disturbances to the hydrologic balance, § 34-32-116(7)(c), C.R.S., for failure to handle toxic- forming material so as to protect the drainage system from pollution, and § 34-32-116(7)(h), C.R.S., for failure to protect areas outside of the affected land from slides or damage occurring during the mining operation and reclamation. The Board requires the Operator to perform the following corrective actions: 1) Reinitiate a water treatment system to treat all water that reports to Sump Number One as soon as possible, but no later than July 31, 2010. [The Operator has agreed to this and the activities have been approved in Technical Revision 12 and Technical Revision 13.] 2) Reinitiate mine dewatering and water discharge treatment sufficient to bring the mine water table to a level at least 500 feet below the Steve Level, and sufficient to reestablish a hydraulic gradient away from Ralston Creek. Implementation must occur as soon as possible, but no later thanf 31 , 2010. 3) Provide financial warranty, pursuant to Hard Rock Rule 4.2.1(4), sufficient to assure the protection of water resources, including costs to cover necessary water quality protection, treatment and monitoring. 4) Submit a permit amendment to address the EPP and associated financial warranty. The Operator is ordered to pay a civil penalty for 55 days of violation at $1,000 per day for a total civil penalty of $55,000 with all but $2,500 suspended if the Operator complies with this Order within the associated deadlines. The civil penalty shall be submitted within 30 days of this Order's signature date. ?1-4 DONE AND ORDERED this day of August, 2010. FOR THE COLORADO MAD LAXD $EC)LAMATION 01 'eatherine Kraeger-Rovey,,Chair Mined Land Reclamation Board Cotter Corp. Schwartzwalder Mine 9 M-1977-300 MV-2010-018