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BEFORE THE MINED I.AND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2017-049 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY KEITH MCFARI.AND, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL <br /> PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT <br /> BEFORE ENGAGING IN A NEW MILTING OPERATION, File 1\I-2017-044 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on January- 24, 2018 in Denver, Colorado as a consent agenda item to consider <br /> modifications to the Board's Order signed November 8. 2017 and served on <br /> November 20, 2018, file number M-201 7-044. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and having been otherwise frilly informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. The Hobo Mine is located in Section 17, Township 42 North, Range 6 <br /> West, loth Principal Meridian in San Juan County, approximately ten miles <br /> northeast of Silverton. <br /> 2. Following a hearing held on October 25, 2017 where testimony w•as <br /> presented regarding a possible violation by Keith McFarland ("Operator") for <br /> mining without a permit, the Board issued an Order dated November 8, 2017 (the <br /> "Order"). <br /> 3. The Order required corrective actions from Operator, including that he <br /> submit an interim financial warranty of$10,000 within sixty days of the effective <br /> date of the Order and submit a reviewable 110 reclamation-only permit application <br /> within ninety days of the effective date of the Order and obtain approval within one <br /> hundred eighty days. <br /> 4. The Order also assessed a civil penalty of$5,000, with all but $500 of <br /> the civil penalty suspended if Operator complied with the corrective actions within <br /> the stated time frames. The $500 portion of the civil penalties not suspended was <br /> due and payable within 30 days of the effective date of the Order. <br />