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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2021-017 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF POSSIBLE VIOLATION BY GRAND ISLAND RESOURCES, LLC, <br /> CIVIL PENALTIES, CEASE AND DESIST ORDER,AND CORRECTIVE ACTIONS FOR <br /> FAILURE TO MINIMIZE DISTURBANCES TO THE PREVAILING HYDROLOGIC <br /> BALANCE, File No. M-1977-410 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board")on <br /> December 15, 2021, and on January 19,2022 via videoconference to consider a possible <br /> violation by Grand Island Resources, LLC("Operator"), civil penalties, cease and desist <br /> order, and corrective actions for failure to minimize disturbances to the prevailing <br /> hydrologic balance, File No. M-1977-410. Amy Eschberger, Michael Cunningham, Russ <br /> Means, and Assistant Attorney General Scott Schultz appeared on behalf of the Division of <br /> Reclamation, Mining and Safety("Division"). John Henderson, Esq.; Daniel Takami; Ed <br /> Byrne, Esq.; Gabe Racz, Esq.;and Greg Miller appeared on behalf of the Operator. <br /> The Board, having considered the parties'presentations, testimony, and the <br /> administrative record, and being otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110(2)reclamation permit for an 8.95 acre gold, <br /> silver,zinc, copper, and lead mine located in Section 9, Township 1 South, Range 73 <br /> West, 6th Principal Meridian in Boulder County, Colorado, permit number M-1977-410. <br /> The permitted site, known as the Cross Gold Mine, is located outside Nederland, <br /> Colorado. <br /> 2. The permitted site consists of two mines,the Cross Mine and Caribou <br /> Mine, separated by Coon Track Creek. Coon Track Creek drains into tributaries before <br /> entering a Boulder City reservoir approximately 5 miles downstream and east of the <br /> Town of Nederland.. Water is discharged into Coon Track Creek from both mines under <br /> a discharge permit issued by the Colorado Department of Public Health and <br /> Environment's Water Quality Control Division ("WQCD"). Previously, prior to discharge, <br /> water from the Cross Mine was treated with lime, allowed to settle in a pond, and then <br /> moved to a second pond where it is mixed with outflow from the Caribou Mine. The <br /> treated water was then discharged into Coon Track Creek. <br /> I <br />