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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2017-036 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO MILLING <br /> COMPANY, LLC, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br /> CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM DAMAGE, File No. M-1994-117 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 27, 2017 in Denver, Colorado to consider possible violations by Colorado <br /> Milling Company, LLC ("Operator"), cease and desist order, corrective action, and <br /> civil penalties for failing to protect areas outside of the affected land from slides or <br /> damage, permit number M-1994-117. Amy Eschberger and Wally Erickson <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> Mark Steen and Michael Bynum appeared on behalf of Operator. <br /> The Board, having considered the parties' presentations, testimony, and the <br /> administrative record, and being otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110(2) reclamation permit for a 8.4-acre gold and <br /> silver mill operation located in Section 12, Township 1 North, Range 72 West, 6th <br /> Principal Meridian in Boulder County, Colorado, permit number M-1994-117. The <br /> site is known as the Gold Hill Mill. <br /> 2. On July 19 and 20, the Division received a complaint from Boulder <br /> County Parks & Open Space, alleging collapse of a mine tunnel which runs under <br /> Sunshine Canyon Drive and potential trespassing. <br /> 3. The Division conducted an inspection of the site on August 1, 2017. <br /> Mark Steen was present at the inspection on behalf of the Operator. During the <br /> inspection, the Division observed the Times Mine portal area where the collapse was <br /> reported to have occurred, located just north of and adjacent to Sunshine Canyon <br /> Drive, approximately 300 feet northwest of the approved permit boundary for the <br /> mill site and approximately 0.2 mile east from Gold Hill, Colorado. The Division <br /> observed that Boulder County had placed orange cones along the edge of Sunshine <br /> Canyon Drive and signs on either side of the subsidence area. The Division observed <br />