2019-08-26_ENFORCEMENT - M1994117 ‎(4)‎

• Permit No: M1994117
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/26/2019
• Doc Name: Civil Penalty Reconsideration
• From: Law Office of John Henderson
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

V '
RECEIVED
AUG 262019
BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO pMSiON OF RECLAMATION
MINING AND SAFETY
Violation No. MV-2019-018
COLORADO MILLING COMPANY LLC'S MOTION FOR
RECONSIDERATION OF CIVIL PENALTY OR FOR REDUCTION OF CIVIL
PENALTY
IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO MILLING
COMPANY, LLC, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND
CIVIL PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A
BOARD ORDER ISSUED FOR VIOLATION No. MV-2017-036, File No. M-1994-117
I
THIS MATTER came before the Mined Land Reclamation Board ("Board") on
June 26, 2019 in Denver, Colorado to consider a possible violation by Colorado
Milling Company, LLC ("Operator"), cease and desist order, corrective action, and
civil penalties for failing to comply with the conditions of a Board Order issued for
Violation No. MV-2017-036, permit number M-1994-117. The Board Issued its
Findings of Fact, Conclusions of Law and Order dated August 3, 2019, and
attempted to transmit the same to CMC on August 6, 2019 (the cover letter was
mis-addressed to an unknown entity, Robinson Sons, Inc.).
In its Order, the Board assessed civil penalties of$7200.00, being $200 per
day from the period May 21, 2019 to the date of the hearing, June 26, 2019. May 21,
2019 had been the deadline for CMC to obtain approval of AM-1, its proposed
amendment. CMC seeks reconsideration of the assessment of the civil penalty, or, a
reduction of the civil penalty to $50 per day for 22 days, or, $1100.00. As grounds for
such reconsideration, CMC states as follows:
STATEMENTS IN SUPPORT OF MOTION
1. The Operator holds a 110(2) reclamation permit for a 8.4-acre gold and
silver mill operation located in Section 12, Township 1 North, Range 72 West, 6th
Principal Meridian in Boulder County, Colorado, permit number M-1994-117. The
site is known as the Gold Hill Mill.
2. As noted in the Order, Division and CMC had failed to resolve
adequacy issues regarding AM-1 by May 21, 2019. On that same day, Division
issued its 4th adequacy letter concerning AM-1. By e-mail of that same date,
Division stated that
"Given that the Board-Ordered decision date was today, 5/21, I strongly urge
that you submit an extension request as soon as possible. We would need to