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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2017-001 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE APPEAL OF THE DECISION OF THE DIVISION OF <br /> RECLAMATION, MINING AND SAFETY, Fite No. M-1991-037 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board")on <br /> May 24, 2017 in Denver, Colorado to consider the appeal by High Speed Mining, LLC <br /> ("Operator")of a decision of the Division of Reclamation, Mining and Safety ("Division") <br /> to utilize the ponds located outside the current permit boundary, permit number M- <br /> 1991-037. Michael Cunningham and Wally Erickson appeared on behalf of the <br /> Division of Reclamation, Mining and Safety("Division"). Lance Baller and Ben <br /> Langenfeld, with Greg Lewicki and Associates, PLLC, appeared on behalf of Operator. <br /> The Board, having considered the parties' presentations and having been <br /> otherwise fully informed of the facts in the matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110c reclamation permit for an 8-acre gravel and gold <br /> mining operation located in Section 33, Township 9 South, Range 77 West, 6t' Principal <br /> Meridian, Park County. The site is known as the Katuska Pit. The Operator owns the <br /> land on which the site is located. <br /> 2. On January 25, 2017, the Board convened a hearing to consider the <br /> possible violation by Operator for disturbing more than two acres of land beyond the <br /> permit boundary. The Board found Operator in violation of section 34-32.5-109(1), <br /> C.R.S. and ordered Operator to cease and desist further mining activities on the <br /> affected land, submit an application within sixty days to convert the permit to a 112 <br /> permit, and pay a civil penalty. The Board issued a written order, effective February 9, <br /> 2017 ("February 2017 Order"). <br /> 3. The February 2017 Order specifically noted, in paragraph 3, that the <br /> Division observed, on December 5, 2016, "several settling ponds located beyond the <br /> south boundary of the permit area, recently constructed in an area that had been <br /> forested." The findings of fact in paragraph 3 constitute part of the bases for the <br /> Board's finding that Operator disturbed land outside the approve permit boundary and <br /> the Board's finding of a violation, imposition of a cease and desist order, requirement of <br /> corrective action, and imposition of a civil penalty in the February 2017 Order. <br /> High Speed Mining, LLC <br /> Katuska Pit/M-1991-037 <br /> MV-2017-001 1 <br />