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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2014-034 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br /> IN THE MATTER OF THE CONSIDERATION OF FORFEITURE OF FINANCIAL <br /> WARRANTY OF GEORGE E. OTTEN, File No. M-1984-013 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on September 24, 2014, in Denver, Colorado for a hearing to consider alleged failure <br /> to comply with the conditions of a Board order and failure to cure a default under a <br /> performance warranty by George E. Otten ("Operator"), permit number M-1984-013. <br /> Michael Cunningham appeared on behalf of the Division of Reclamation, Mining, and <br /> Safety ("Division"). George Otten appeared and testified on his own behalf; Matt <br /> Collins appeared and testified on behalf of the Operator. <br /> The Board, having considered the parties' presentations and having been <br /> otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator has a 110(2) reclamation permit for a 0.3-acre gold <br /> mining operation located in Section 20, NW 1/ Township 2 South, Range 73 West, <br /> Gilpin County, Colorado, permit number M-1984-013, known as the Mackey Mine. <br /> 2. On July 22, 2010, the Division inspected the site and found that the <br /> boundary of the affected area was not delineated, the adit was not safeguarded, <br /> trash was present throughout the site, and the site had not been active for several <br /> years. The Division also found that the financial warranty is inadequate. <br /> 3. On August 31, 2010, the Division mailed the Operator a Notice of <br /> Financial Warranty Increase. The Division determined that it was necessary to <br /> increase the financial warranty from $1,000 to $8,162. <br /> 4. On November 29, 2010, the Division mailed the Operator a Notice of <br /> Outstanding Corrective Actions letter; the Operator was given until May 27, 2011 to <br /> complete weather-dependent corrective actions. <br /> 5. On January 4, 2011, the Operator submitted a request to place the <br /> Mackey Mine into Temporary Cessation. The Division approved the request for <br /> Temporary Cessation on March 8, 2011. <br />