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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 days 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 />If the Gold Hill Mines Inc. application for permit transfer is approved, Gold <br />Hill Mines Inc. shall not be required to produce AGC Resources LLC's past due <br />Annual Water Monitoring Reports, but shall comply with all water monitoring and <br />reporting requirements in the permit. If the Gold Hill Mines Inc. application for <br />permit transfer is approved; Gold Hill Mines Inc. shall, within 180 days of the <br />effective date of such approval, comply with the corrective actions stated herein. <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 />If the Gold Hill Mines Inc. application for permit transfer is approved, Gold <br />Hill Mines Inc. shall not be liable for civil penalties based upon the previous <br />operator's violation. If Gold Hill Mines Inc. fails to comply with the corrective <br />actions by the amended deadline, it shall be subject to civil penalties beginning from <br />the date it became operator. <br />AGC Resources, LLC <br />Cash and Who Do Mines, M- 1983 -141 <br />MV -2011 -030 <br />4 <br />