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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF COLORADO MILLING COMPANY, LLC's REQUEST TO EXTEND <br />THE DECISION DATE FOR A BOARD -ORDERED AMENDMENT APPLICATION <br />BEYOND THE 365 -DAY DEADLINE SET BY RULE 1.4.1(9), File No. M-1994-117 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 20, 2019 in Denver, Colorado to consider Colorado Milling Company, LLC's <br />("Operator'), request to extend the decision date for a Board -ordered amendment <br />application beyond the 365 -day deadline set by Rule 1.4.1(9), permit number M-1994- <br />117. Amy Eschberger appeared on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). 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 site is <br />known as the Gold Hill Mill. <br />2. Following a complaint from Boulder County Parks & Open Space <br />regarding a possible violation by Operator, the Division conducted an inspection of the <br />Gold Hill Mill site and mailed a Reason to Believe a Violation Exists and Notice of Board <br />Hearing letter to Operator in August, 2017. <br />3. Following the Board's September 27, 2017 hearing, the Board found <br />Operator in violation of the Act under section 34-32-116(7)(h), C.R.S. for failing to <br />protect areas outside the affected land from slides or damage occurring during the <br />mining operation and reclamation. The Board issued an order on October 30, 2017 <br />regarding the violation (the "Order"). <br />4. The Order imposed the following corrective actions on Operator: <br />A. Colorado Milling Company, LLC shall, within fifteen days of the effective <br />date of this Order, demonstrate (including, but not limited to, providing a <br />