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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2015-005 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY CRIPPLE CREEK & VICTOR <br />GOLD MINING COMPANY, CEASE AND DESIST ORDER, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES FOR FAILURE TO PROTECT AREA FROM <br />DAMAGE OCCURRING DURING THE MINING OPERATION, <br />File No. M-1980-244 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />May 27, 2015, in Denver, Colorado as a consent agenda item to consider the possible <br />violation by Cripple Creek & Victor Gold Mining Company ("Operator"), cease and <br />desist order, corrective actions, and civil penalties for failure to protect area from <br />damage occurring during the mining operation, file numberMV-1980-244. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112d3 reclamation permit for a 5,989.7 -acre gold <br />operation. Located in Section 30, Township 15 South, Range 69 West, 6th Principal <br />Meridian in Teller County, Colorado, the site is known as the Cresson Project. <br />2. On January 7, 2015, the Division of Reclamation, Mining and Safety <br />("Division") became aware that the Operator constructed a sediment pond, portions <br />of which were outside the permitted affected area boundary. <br />3. On April 21, 2015, the Division conducted a follow-up monitoring <br />inspection at the site. Chris Hanks, representing the Operator, attended the <br />inspection. The Division found that approximately 1.2 acres of sediment pond <br />number EMP -009A, constructed by the Operator, was outside the permit boundary. <br />4. On April 23, 2015, the Division sent the Operator the April 21, 2015 <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 />May 27, 2015 hearing. <br />D <br />On May 18, 2015, the Operator admitted the violation and agreed to <br />the Division's recommendations to the Board. <br />