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Dec 0511 10:50a Mary Keyes 303 984 0362 P. <br />The Board finds the Operator in violation of section 34- 32- 116(7)(g), C.R.S., <br />for failing to minimize disturbance to the prevailing hydrologic balance of the <br />affected land and the surrounding area and to the quality and quantity of water in <br />surface and groundwater systems. <br />The Board finds the Operator in violation of Rule 3.1.6 by failing to comply <br />with applicable federal and state water quality laws and regulations, including <br />statewide water quality standards and site - specific classifications and standards <br />adopted by the Water Quality Control Commission, CDPHE. <br />The Board finds the Operator in violation pursuant to section 34 -32 -124, <br />C.R.S., for failing to comply with the conditions of an order, permit, or regulation. <br />The Board imposes against the Operator the following CORRECTIVE <br />ACTION: the Operator shall, within 30 clays of the effective date of this Order, <br />(a) submit all past due Annual Water Monitoring Reports; (b) submit either a <br />discharge permit from CDPHE or written proof that the application process for such <br />discharge permit has commenced; and (c) complete permanent closure of the <br />secondary escape -way. <br />The Board imposes a CIVIL PENALTY for 49 days of violation at $200 per <br />day for a total civil penalty of $9,800. The civil penalty shall be due and payable <br />within 30 days of the effective date of this Order. <br />n <br />DONE AND ORDERED this 6 day of V-ec e vn _.f 2011. <br />AGC Resources, LLC <br />Cash and Who Do Mines, M- 1983 -141 <br />MV -2011 -030 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Glair • <br />NOTICE OF APPEAL 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 notice of appeal with the district court within thirty (30) days after the effective <br />date of this order, pursuant to section 24 -4 -106, C.R.S. (2010). In the event that an <br />appeal is filed, designations of record made in accordance with section 24- 4- 106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 80203, Attention: Sitira Pope. <br />4 <br />