2019-12-19_ENFORCEMENT - M2017003

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV-2019-028 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO CALUMET CO., INC., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M-2017-003 THIS MATTER came before the Mined Land Reclamation Board ("Board") on October 23, 2019 in Denver, Colorado as a consent agenda item to consider a possible violation by Colorado Calumet Co., Inc. ("Operator"), cease and desist order, corrective action, and civil penalties for failing to protect areas outside of the affected land from slides or damage, file number M-2017-003. The Board, being fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110(1) reclamation permit for a 4.99-acre gemstone mining site located in Section 33, Township 8 South, Range 78 West, 6th Principal Meridian in Park County, Colorado, permit number M-2017-003. The site is known as the Detroit City Mine. 2. On August 29, 2019, the Division conducted a monitoring inspection of the site. Graham Sutton attended the inspection on behalf of Operator. The Operator had depicted two disturbed areas on its 2018-2019 annual report map that were outside the permitted boundary. During the inspection, the Division observed these areas and subsequently determined that they consisted of approximately 0.3 acres of off-site disturbance. 3. On September 20, 2019, the Division sent the Operator a Reason to Believe a Violation Exists and Notice of Board Hearing letter for failure to protect areas outside of the affected land from slides or damage occurring during the mining operation and reclamation and providing details regarding a hearing on this matter scheduled for October 23, 2019. 4. The Operator affected less than one acre of land outside the approved affected land boundary.