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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2013 -039 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY STEEL ROSE I, INC., CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM <br />SLIDES OR DAMAGE, File No. M- 2006 -031 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on December 11, 2013 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Steel Rose I, Inc. ( "Operator "), cease and desist order, <br />corrective actions, and civil penalties for failing to protect areas outside of the <br />affected land from slides or damage, file number M- 1985 -099. <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(2) permit for an 3.39 -acre gold mining <br />operation located in Section 21, SE 1/ of Township 11 South, Range 73 West, 6th <br />Principal Meridian in Park County, Colorado, permit number M- 2006 -031. The site, <br />known as Steel Rose I, is located approximately two miles north of State Highway 24 <br />on Forest Road 226. The site is located in the Pike -San Isabel National Forest. <br />2. On August 7, 2013, the Division of Reclamation, Mining and Safety <br />( "Division ") inspected the site. The Division found that boundary markers were <br />placed incorrectly and delineated a permit area of 5.08 acres. The Division <br />required the Operator to place the boundary markers in the correct locations. <br />3. On October 23, 2013, the Division inspected the site to verify that the <br />boundary markers had been corrected. Scott West, representing the Operator was <br />present for the inspection. The Division found that the Operator affected 1.04 <br />acres outside of the permit boundary. <br />4. On November 4, 2013, the Division sent the Operator a copy of the <br />inspection report and a Reason to Believe a Violation Exists letter. The Division's <br />letter provided notice regarding the alleged violations and information about the <br />December 11, 2013 hearing. <br />