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2016-12-05_ENFORCEMENT - M1990041
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2016-12-05_ENFORCEMENT - M1990041
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Entry Properties
Last modified
12/11/2020 7:08:57 PM
Creation date
12/12/2016 11:32:30 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1990041
IBM Index Class Name
ENFORCEMENT
Doc Date
12/5/2016
Doc Name
Board (MLRB) Order
From
DRMS
To
Central City Consolidated Mining
Violation No.
MV2016056
Email Name
MAC
WHE
AJW
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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15. On November 14,2016,the Division received two letters from the Operator, <br /> each signed by George Otten and dated November 11,2016. The Board admitted the letters <br /> into the administrative record at the hearing. In its Novemmber 14,2016 letters,the Operator <br /> states,among other things,that the mill site is within a"Cultural Tourism"area as designated <br /> by the City of Blackhawk,and argues that the structures and equipment at the site are <br /> consistent with land use codes and designations of Gilpin County and the City of Blackhawk. <br /> 16. At the hearing,Division representatives testified about the history of the site, <br /> about the May 27,2016 inspection,that the mill site has been in its current condition for <br /> approximately a decade,and that the Operator has not provided an inventory of materials at <br /> the mill. The Division testified and showed photographs indicating that the North Fork of <br /> Clear Creek is approximately two feet from the mill building. The Division also testified that, <br /> under Rule 3.1.11 of the Mineral Rules and Regulations of the Mined Land Reclamation Board <br /> for Hard Rock,Metal,and Designated Mining Operations ("Rules"),for historic buildings to <br /> remain on affected lands,the buildings must have been determined to be historic structures <br /> by the State Historic Preservation Office ("SHPO"). The Division testified that it has not <br /> received a determination from the SHPO that the building on the Operator's mill site is an <br /> historic structure. <br /> 17. At the hearing,George Otten testified on behalf of the Operator. Mr.Otten <br /> testified that the Operator uses the mill site as a storehouse and parts for equipment Mr. <br /> Otten stated that the mill is an historic site and that the Operator intends to continue mining. <br /> Mr. Often testified that the fifty-five-gallon drums at the mill site contain chemicals related to <br /> the mining and milling operation including,among other things,lime,sulphuric acid,and <br /> pine oil. <br /> CONCLUSIONS OF LAW <br /> 18, The Board has jurisdiction over this matter pursuant to the Mined Land <br /> Reclamation Act,Article 32 of Title 34,C.R.S. (2016) ("Act"). <br /> 19. Section 34-32-117(4)'(c)(1t),C.R.S.and Rule 4.2.1(21-require operators to <br /> post additional financial warranty within sixty days from the date of written notice of <br /> adjustment from the Division- The Operator failed to submit additional financial <br /> warranty within sixty days from the date of written notice of adjustment from the <br /> Division. <br /> 20. By failing to post additional financial warranty within sixty(60) days from the <br /> date of the,Division's written notice-of adjustment,the Operator is in violation of section 34- <br /> 32-117(4)(c)(II), C.R.S.and Rule 4.2.1(2). <br /> 21. The Board may issue a cease and desist order if it determines that any <br /> provision of the Act was violated. C.R.S.§ 34-32-124(2) (2016). The Operator is in <br /> violation of section 34-32-117(4)(c)(Il),C.R.S. <br /> Central City Consolidated Mining <br /> M-1990-041 <br /> MV-2016-056 3 <br />
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