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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2016-008 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY WILBUR F. BENHAM, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br />FOR FAILING TO POST ADDITIONAL FINANCIAL WARRANTY WITHIN SIXTY <br />DAYS OF THE DATE OF NOTICE OF ADJUSTMENT, File No. M-1984-039 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 27, 2016 in Denver, Colorado to consider a possible violation by Wilbur F. <br />Benham ("Operator"), cease and desist order, corrective actions, and civil penalties <br />for failing to post additional financial warranty within sixty days of notice of <br />adjustment, file number M-1984-039. Operator appeared on his own behalf. Lucas <br />`'Fest and Russ Means appeared on behalf of the Division of Reclamation, Mining <br />and Safety ("Division"). <br />The Board, having considered the parties' presentations, the materials <br />presented, and being otherwise fully informed of the facts in the matter, enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(2) permit for an 8 -acre gold, silver, copper, <br />lead, and zinc mining operation. Located in Section 17, Township 42 North, Range <br />6 West, 10th Principal Meridian in San Juan County, Colorado, permit number M- <br />1984-039, the site is known as the Toltec No. 2 Mine. <br />2. On September 25, 2012, the Division conducted a partial inspection of <br />the site as part of the Division's monitoring program and in response to a referral <br />from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"). <br />Operator was informed of the inspection but was unable to attend. Operator's local <br />representative, Jim Lokey, attended the inspection. On October 12, 2012, the <br />Division mailed Operator the inspection report which, among other things, informed <br />Operator of an upcoming financial warranty evaluation. <br />3. On August 6, 2014, the Division conducted a full inspection of the site <br />and performed a financial warranty evaluation. <br />