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BEFORE THE MINED LAND RECLAMATION <br />STATE OF COLORADO <br />Violation No. MV -2017-049 <br />FINDINGS OF FACT, CONCLUSIONS OF SAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE V101ATIOD I BY KEITH MCFARLAND, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILING TO OBTAIN A RECLAMATION PEW 1IT BEFORE ENGAGING IN A NEW <br />MINING OPERATION, File M-201.7-044 <br />THIS MATTER came before the Mined I <br />October 25, 2017 in Denver, Colorado to consid <br />McFarland ("Operator"), cease and desist order <br />for mining without a permit, file number M-20; <br />and Russ Means appeared on behalf of the Divi, <br />("Divis on"). Keith McFarland appeared on his <br />e Board, having considered the parties <br />othe a fully informed of the facts in the mate <br />FDMINGS O <br />1. The Bobo Mine is located in <br />West, loth Principal Meridian in San Juan <br />Silverton. <br />Lad Reclamation Board ("Board") on <br />r possible violations by Keith <br />corrective action, and civil penalties <br />r-044. Lucas West, Tony Waldron, <br />ion of Reclamation, Mining and Safety <br />)wn behalf. <br />presentations and having been <br />r, hereby enters the following: <br />FACT <br />17, Township 42 North, Range 6 <br />approximately ten miles northeast of <br />2. On September 8, 2017, the Divisic n received notice of a possible <br />unpermitted mining operation at the Hobo Min e site. On the same date, the Division <br />contact the Operator. <br />3. The Division conducted an inspec <br />Operator and a representative of the Bureau of <br />the inspection. During the inspection, the Divi <br />done to improve a historic road and the mine p <br />At the portal, a 12oo square -foot pad was const <br />structure was installed. Operator indicated tha <br />not yet installed. During the inspection, Opera <br />was to complete a safety closure of the portal ai <br />the portal. <br />ion of the site on September 18, 2017. <br />,and Management were present during <br />on observed, among other things, work <br />rtal. The road was graded and widened. <br />acted and a timber -framed portal <br />he had steel gates constructed that were <br />)r stated that the intent of the project <br />er finding evidence of trespassing inside <br />4. On September 20, 2017, the Division mailed Operator a Reason to <br />Believe a Violation Exists letter. The Division's letter provided notice regarding the <br />