2019-08-27_ENFORCEMENT - M1994117

• Permit No: M1994117
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/27/2019
• Doc Name Note: `
• Doc Name: Returned Mail
• From: DRMS
• To: John Henderson
• Email Name: AME
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
Violation No. MV-2019-018
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER
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
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. Amy Eschberger, Michael
Cunningham, and Assistant Attorney General Scott Schultz of the Colorado
Attorney General's Office appeared on behalf of the Division of Reclamation, Mining
and Safety ("Division"). John Henderson, Esq., Cynthia Kennedy, Esq., Mark
Steen, and Michael Bynum appeared on behalf of Operator.
The Board, having considered the parties' presentations, testimony, and the
administrative record, and being otherwise fully informed of the facts in the matter,
enters the following:
FINDINGS OF FACT
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. Following a complaint from Boulder County Parks & Open Space
regarding a possible violation by Operator, the Division conducted an inspection of
the Gold Hill Mill site and mailed a Reason to Believe a Violation Exists and Notice
of Board Hearing letter to Operator in August, 2017.
3. Following the Board's September 27, 2017 hearing, the Board found
Operator in violation of the Act under section 34-32-116(7)(h), C.R.S. for failing to
protect areas outside the affected land from slides or damage occurring during the
mining operation and reclamation. The Board issued an order on October 30, 2017
regarding the violation (the "October 2017 Order").