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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2017-060 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BAD BOPS OF CRIPPLE <br />CREEK MINING CO., INC.; CEASE AND DESIST ORDER; CORRECTIVE <br />ACTIONS; AND CIVIL PENALTIES FOR FAILING TO PROTECT AREAS <br />OUTSIDE OF THE AFFECTED LAND FROM DAMAGE, File No. M-1996-081 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 13, 2017 in Denver, Colorado to consider possible violations by Bad Boys of <br />Cripple Creek Mining Co., Inc. ("Operator"); cease and desist order; corrective action; <br />and civil penalties for failing to protect areas outside of the affected land from slides <br />or damage, permit number M-1996-081. Elliott Russell appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division"). Harriet Graham appeared <br />on behalf of the 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) permit for a 0.9 -acre turquoise mining <br />location located in Teller County, Colorado, permit number M-1996-081. The site <br />is known as the Bad Boys Pit. <br />2. The Division conducted a routine monitoring inspection of the site on <br />September 21, 2017. Harriet Graham was present at the inspection on behalf of the <br />Operator. During the inspection, the Division observed that the topsoil and several <br />overburden stockpiles were located beyond the permitted boundary. The Division <br />also observed several other problems, including a failure to maintain legal right of <br />entry after a portion of the permitted area had been sold, failure to post required <br />signs, and missing or incorrectly placed boundary signs. <br />3. The Division's September 21, 2017 inspection report, signed on <br />November 13, 2017, detailed a possible violation for off-site damage, as well as <br />compliance problems regarding failure to maintain legal right of entry, failure to <br />