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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 />