2017-11-20_ENFORCEMENT - M2017044 ‎(2)‎

• Permit No: M2017044
• IBM Index Class Name: Enforcement
• Doc Date: 11/20/2017
• Doc Name: Board ‎(MLRB)‎ Order
• From: DRMS
• To: Keith McFarland
• Violation No.: MV2017049
• Email Name: LJW
• Email Name: GRM
• Email Name: AJW
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION
STATE OF COLORADO
Violation No. MV -2o17 -o49
FINDINGS OF FACT, CONCLUSIONS OF PLAW, AND ORDER
IN THE MATTER OF A POSSIBLE VIOLA.TIO BY KEITH MCFARLAND, CEASE
AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR
FAILING TO OBTAIN A RECLAMATION PEPJ 11T BEFORE ENGAGING IN A NEW
MINING OPERATION, File M-2017-044
THIS MATTER came before the Mined i
October 25, 2017 in Denver, Colorado to consid
McFarland ("Operator"), cease and desist order
for mining without a permit, file number M-201
and Russ Means appeared on behalf of the Divi,
("Divis on"). Keith McFarland appeared on his
e Board, having considered the parties
othe a fully informed of the facts in the mats
FINDINGS O
1. The Hobo Mine is located in
West, loth Principal Meridian in San duan
Silverton.
Ind Reclamation Board ("Board") on
r possible violations by Keith
corrective action, and civil penalties
7-o44. Lucas West, Tony Waldron,
ion of Reclamation, Mining and Safety
)wn behalf.
presentations and having been
r, hereby enters the following:
FACT
.17, Township 42 North, Range 6
approximately ten miles northeast of
2. On September 8, 2o17, the Divisi n received notice of a possible
unpermitted mining operation at the Hobo Min e site. On the same date, the Division
contact the Operator.
3. The Division conducted an inspec
Operator and a representative of the Bureau of
the inspection. During the inspection, the Divi
done to improve a historic road and the mine p
At the portal, a i2oo square -foot pad was const
structure was installed. Operator indicated tha
not yet installed. During the inspection, Opera
was to complete a safety closure of the portal al
the portal.
4. On September 20, 2017, the Divis
Believe a Violation Exists letter. The Division's
ion of the site on September 18, 2017.
and Management were present during
on observed, among other things, work
rtal. The road was graded and widened.
acted and a timber -framed portal
be had steel gates constructed that were
)r stated that the intent of the project
ar finding evidence of trespassing inside
mailed Operator a Reason to
er provided notice regarding the