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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2016-007 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF VIOLATIONS OF VENTURE RESOURCES, INC., <br />CORRECTIVE ACTION, AND CIVIL PENALTIES FOR FAILURE TO COMPLY <br />WITH THE CONDITIONS OF AN ORDER, PERMIT, OR REGULATION, <br />File No. M-2009-076 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on January 27, 2016 in Denver, Colorado to consider violations by Venture <br />Resources, Inc. ("Operator"), corrective action, and civil penalties for failure to <br />comply with the conditions of an order, permit, or regulation, permit number M- <br />2009-076. Patrick Maher appeared on behalf of Operator. Jim Beck, P.E. testified <br />on behalf of Operator. Michael Cunningham appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the Operator's and Division's presentations, <br />the materials presented, and having been otherwise fully informed of the facts in <br />the matter, enters the following: <br />FINDINGS OF FACT <br />1. Operator holds a 110d permit for an 8.76 -acre gold and silver mining <br />and milling operation. The site, known as the Hukill Gulch Millsite, is located in <br />Section 26, Township 3 South, Range 73 West, 6th Principal Meridian, in Clear <br />Creek County, Colorado. <br />2. The Hukill Gulch Millsite is located approximately two miles north of <br />Idaho Springs, Colorado. The operation at the site is classified as a designated <br />mining operation ("DMO") limited impact operation due to the handling, processing, <br />and disposing of acid-forming materials, pursuant to Section 34-32-103(3.5)(a), <br />C.R.S.. Operator is approved to excavate approximately 8,000 tons of waste rock <br />from an historic waste rock pile and process that waste rock with a mobile mill site <br />using a standard gravity concentration and flotation process. The tailings from the <br />milling process are to be placed into a lined tailings impoundment that has a <br />composite liner consisting of a geosynthetic clay liner, a 60 -mil high-density <br />polyethylene ("HDPE") liner, and a GeoComposite drainage filter. <br />3. The tailings impoundment at the site is an Environmental Protection <br />Facility ("EPF" ), as defined in Rule 1.1(15) of the Mineral Rules and Regulations of <br />