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spill over the low side of the liner and seep out, saturating the toe of the VLF <br />slope. This would lead to an unstable condition for the several hundred feet <br />of additional unsaturated gravel above the toe that could result in a <br />significant slope failure. <br />b. Allow the Division to detect any metal releases from the VLF by <br />monitoring ground water compliance points during reclamation. <br />c. Allow root zones to establish in and around the liner perimeter. <br />d. Help eliminate build -up of hydrostatic head. <br />28. Habitat for small species will be created by emulating historic <br />underground development rock piles. The rock piles will create microhabitats for <br />small mammals, ground nesting birds, reptiles, and other wildlife species. <br />29. Although smaller aquatic species have not been directly addressed <br />under the Wildlife Protection Plan, Amendment AM -10 addresses water quality, <br />one of the most important factors for a healthy aquatic ecosystem. <br />30. Amendment AM -10 is in compliance with the requirements of section <br />34- 32- 115(4), C.R.S. and the Rules. <br />CONCLUSIONS OF LAW <br />31. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ( "Act "). <br />32. Under the Act, the Division and the Board shall grant a permit to an <br />operator who complies with section 34- 32- 115(4), C.R.S. Amendment AM -10 <br />minimally complies with section 34- 32- 115(4), C.R.S. <br />ORDER <br />The Board AFFIRMS the recommendation of the Division of Reclamation, <br />Mining and Safety to approve the application to amend permit number M -1980 -244, <br />a 112d -3 operation, to include Mine Life Extension 2, with the following conditions: <br />1. Prior to placement of any liner system, pursuant to Rules 7.3.1(4) and <br />7.3.2, the Operator shall submit and receive Division approval of requested weekly <br />CQA reports for the placement of select overburden used as the foundation for the <br />new mill. <br />2. Prior to construction of the new mill and Squaw Gulch VLF, the <br />Operator shall submit and receive Division approval of the requested additional <br />Cripple Creek & Victor Gold Mining Company <br />Cresson Project /M -1980 -244 4 <br />