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the subsidence area from the road. Mr. Steen indicated he had placed fill material in <br /> the depression caused by the subsidence in efforts to temporarily stabilize the feature <br /> and keep it from migrating into the road. Additionally, a temporary retaining wall <br /> composed of timbers stacked between steel stakes had been installed across the fill <br /> area. The edge of the subsidence appeared to the Division to be within three feet <br /> from the northern edge of Sunshine Canyon Drive. It appeared that the subsidence <br /> impacted the stability of the road. According to Mr. Steen, the underlying granitic <br /> bedrock extends from the south to approximately the middle of the road. The rest of <br /> the road is composed of fill material, in which the subsidence occurred. The Division <br /> determined that the potential for the subsidence to migrate through the rest of the <br /> fill material (and road) until it reaches bedrock is present. Mr. Steen stated the <br /> collapse occurred after he had removed old timber sets from the Times Mine portal <br /> and replaced them with a culvert that is sixteen feet long and five feet in diameter. <br /> Mr. Steen had been working to rehabilitate the Times Mine adit for future use by the <br /> mill operation. <br /> 4. The Times Mine adit is located outside the permit boundary. Operator's <br /> rehabilitation efforts were not authorized by the approved permit. <br /> 5. The Division's August 1, 2017 inspection report detailed problems and <br /> possible violations for off-site damage, failing to post mine identification signs, <br /> failure to comply with the mining plan in the permit, and presence of noxious weeds <br /> on-site. <br /> 6. Michael Thomas, PE, the Boulder County Engineer, testified during <br /> the hearing, stating that he monitored the slope failure and met with Operator on <br /> August 8, 2017. Mr. Thomas testified that he was not made aware of Operator's <br /> attempt to fill the failure area. Mr. Thomas testified that he supported the <br /> Division's recommendations. <br /> 7. On August 28, 2017, the Division mailed a Reason to Believe a Violation <br /> Exists and Notice of Board Hearing letter to Operator. The letter identified failing to <br /> protect areas outside of the affected land from slides or damage as the violations to <br /> be considered by the Board at its September 27, 2017 regular meeting. <br /> CONCLUSIONS OF LAW <br /> 8. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). <br /> 9. Under section 34-32-116(7)(h), C.R.S., operators are required to protect <br /> areas outside of the affected land from slides or damage occurring during the <br /> Colorado Milling Company, LLC <br /> Gold Hill Mill/M-1994-117 <br /> MV-2017-036 2 <br />