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RECEIVED <br /> BEFORE THE MINED LAND RECLAMATION BOARD SEP 132019 <br /> STATE OF COLORADO Gsv 1&,DN OF RECLAMATION <br /> MINING AND SAFETY <br /> Violation No. MV-2019-018 <br /> COLORADO MILLING COMPANY LLC'S RESPONSE TO DRMS'S MOTION <br /> TO STRIKE CMC'S MOTION FOR RECONSIDERATION OR FOR <br /> REDUCTION OF CIVIL PENALTY <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO MILLING <br /> COMPANY, LLC, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br /> CIVIL PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A <br /> BOARD ORDER ISSUED FOR VIOLATION No. MV-2017-036, File No. M-1994-117 <br /> On or about August 21, 2019, Colorado Milling Company, LLC ("CMC") filed <br /> its "Motion for Reconsideration of Civil Penalty or for Reduction of Civil Penalty" <br /> ("Motion"). On September 4, DRMS ("Division") filed its "Motion to Strike" ("Motion <br /> to Strike") CMC's original Motion. CMC had sought reconsideration of or reduction <br /> of the civil penalty assessed at the June 26 Board meeting for the reasons detailed <br /> in its Motion. <br /> CMC'S RESPONSE TO MOTION TO STRIKE <br /> 1. DRMS has argued two basic grounds for the Motion to Strike: <br /> Alleged non-compliance with Hard Rock Rule 2.9.1(2), and, a further alleged <br /> failure to comply with the Board's Order of June 26, 2019. <br /> 2. The second ground may be immediately disposed of. In its Order <br /> of August 3, 2019, the Board stated: <br /> "C. Operator has ninety days from the Board's June 26, 2019 meeting to <br /> resolve the remaining adequacy issues to the Division's satisfaction; and.." <br /> Division has requested that CMC's Fifth Adequacy Response be filed no later <br /> than September 17, 2019 to allow adequate time for review. <br /> CMC is still working on its Fifth Adequacy Response in a form, and, suitably <br /> responsive, that it should meet with Division's approval. Such work includes <br /> working with its surveyor to perform new field work to adequately establish <br /> the boundaries of the permit amendment area, and to resolve discrepancies <br /> or reductions literally hundredths of an acre in size. CMC is also working <br />