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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-013 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO LEGACY LAND, <br /> LLC, CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br /> PENALTIES FOR FAILURE TO NOTIFY OF ENVIRONMENTAL PROTECTION <br /> FACILITY FAILURE, FILE NUMBER M-1977-300 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on September 20, 2023, in Denver, Colorado to consider a possible violation by <br /> Colorado Legacy Land, LLC ("Operator"), cease and desist order, corrective action, <br /> and a civil penalty for failure to notify the Division of Reclamation, Mining and <br /> Safety ("Division"), as soon as reasonably practicable, but no later than 24 hours <br /> after the Operator has knowledge of a failure or imminent failure of any <br /> Environmental Protection Facility, file number M-1977-300. Michael Cunningham <br /> and Russ Means appeared on behalf of the Division. Jim Harrington and Polly <br /> Jessen, Esq. appeared on behalf of the Operator. <br /> The Board, having considered presentations, testimony, materials submitted, <br /> and being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112d-2 permit for a uranium mine located in <br /> Section 25, Township 2 South, Range 71 West, 6th Principal Meridian in Jefferson <br /> County, Colorado, permit number M-1977-300. The site is known as the <br /> Schwartzwalder Mine. <br /> 2. The Schwartzwalder Mine is in final reclamation, with some surface <br /> reclamation to clean up radioactive waste rock and ongoing water treatment. Water <br /> treatment is conducted at the site 6 months of the year to maintain mine pool level <br /> at a regulatory level 150 feet below the Steve Level Adit. <br /> 3. On June 9, 2023, Operator brought the water treatment plant online, <br /> beginning seasonal water treatment. <br /> 4. On July 26, 2023, the Division conducted a routine monthly monitoring <br /> inspection of the site. The site's water treatment plant had been offline since July <br /> 17, 2023, and the mine pool transducer was not operational. Due to the transducer <br />