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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2019-018 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF COLORADO MILLING COMPANY, LLC; GOLD HALL <br /> MILL; File No. M-1994-117 <br /> THIS MATTER came before the Mined Land Reclamation Board {"Board") on <br /> September 25, 2019 in Denver, Colorado for a hearing to consider a motion for <br /> reconsideration of the Board's decision to impose civil penalties or for reduction of <br /> civil penalties for Violation No. W-2019-018 filed by Colorado Milling Company <br /> C'Operatoi?'), permit number M-1994-I I7, and a motion to strike the Operator's <br /> motion, filed by the Division of Reclamation, Mining and Safety ("Division"). <br /> Assistant Attorney General Scott Schultz appeared on behalf of the Division. John <br /> Henderson, Esq. appeared on behalf of Operator. <br /> The Board, having considered the materials presented and having been <br /> otherwise fully informed of the facts in the matter, hereby enters the following: <br /> FINDINGrS OF FACT <br /> 1. On August 21, 2019, the Board received a motion"for reconsideration of <br /> civil penalty or for reduction of civil penalty"from Operator, The Operator's motion <br /> reiterated arguments made at the Board's June 26, 2019 meeting. <br /> 2. On September 4, 2419, the Division filed a motion to strike Operator's <br /> motion for failure to comply with Rule 2.9.1(2) of the Mineral Rules and Regulations <br /> of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, and <br /> Designated Mining Operations {"Rules"}. The Division's motion argued that <br /> Operator had failed to articulate any new and relevant facts that were not known at <br /> the time of the hearing or why those new facts were not known at the time of the <br /> hearing. <br /> 3. At the September 26, 2019 Board meeting, counsel,for the Operator did <br /> not articulate any new and relevant facts that would justify reconsidering the Board's <br /> August 2419 order imposing civil penalties. <br /> CONCLUSIONS OF LAW <br /> 4. The Board has Jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, ,Article 32 of Title 34, C.R.S. (2019). <br />