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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2017-035 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY THE TURQUOISE <br /> CONNECTION, INC., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, <br /> AND CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE <br /> PERMIT AREA AND FAILING TO STABILIZE AND PROTECT ALL SURFACE <br /> AREAS TO CONTROL EROSION, File No. M-2007-031 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> July 26, 2017 in Denver, Colorado for a hearing to consider a possible violation by <br /> The Turquoise Connection, Inc. ("Operator"), cease and desist order, corrective <br /> action, and civil penalties for failing to protect areas outside of the affected land <br /> from slides or damage and for failing to stabilize and protect all surface areas of the <br /> affected land as to effectively control erosion, file number M-2001-108. Elliott <br /> Russell and Wally Erickson appeared on behalf of the Division of Reclamation, <br /> Mining and Safety ("Division"). Foster Scott 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. The Operator holds a 110(2) reclamation permit for a 1.7-acre gold and <br /> turquoise mining operation located in Section 13, Township 15 South, Range 70 <br /> West, 6th Principal Meridian in Teller County, Colorado, permit number M-2007- <br /> 031. The site is known as Scott Blue II. <br /> 2. On April 19, 2017, the Division inspected the site as part of the <br /> Division's routine monitoring program. Foster Scott, on behalf of Operator, and <br /> William Jenkins, on behalf of the U.S. Bureau of Land Management, attended the <br /> inspection. During the inspection, the Division observed a head cut erosional <br /> feature in the northwest portion of the site advancing upstream of the ephemeral <br /> channel of Cripple Creek. The Division also observed that a fence, delineating the <br /> permit boundary, was damaged by this head cut which had affected lands <br /> approximately ten feet upstream of the permit boundary. The Division collected <br /> GPS data of the head cut and the two survey monuments on either side of the <br /> channel, which delineated the permit boundary corners, and determined that <br /> approximately 683 square feet of lands outside of the permit boundary had been <br /> affected. The Division observed a second erosional feature along the eastern permit <br />