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COLORADO
<br /> tDivision of Reclamation,
<br /> Mining and Safety
<br /> Department of Natural Resources
<br /> February 15, 2024
<br /> Lori Smith
<br /> Cripple Creek&Victor Gold Mining Company
<br /> P.O. Box 191
<br /> Victor, CO 80860
<br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing
<br /> Cresson Project,Permit No. M-1980-244
<br /> Dear Lori Smith:
<br /> On February 6, 2024,you notified the Colorado Division of Reclamation, Mining and Safety(Division)
<br /> that on February 4, 2024, while stacking ore in Cell 6 of Valley Leach Facility 2 (VLF2)Phase 3A, ore
<br /> spilled downhill into Cell 5. Through the Division's investigation into this notification, it became
<br /> apparent that ore was placed in a downhill direction onto Drain Cover Fill (DCF) overlying the facility's
<br /> geomembrane and clay liners. This action is in direct conflict with the approved procedures of ore
<br /> stacking as outlined in Technical Revision No. 103, approved June 4, 2018, and amended May 22, 2020,
<br /> which state when ore is being placed directly over the DCF, the material should always be placed in an
<br /> uphill direction. The Division believes this is a violation pursuant to C.R.S. 34-32-124 for failure to
<br /> comply with the conditions of an order,permit, or regulation.
<br /> Therefore, the Division has reason to believe a violation exists to the Colorado Mined Land Reclamation
<br /> Act, C.R.S. 34-32-101 et sue., and has scheduled this matter to appear before the Mined Land
<br /> Reclamation Board(Board).
<br /> A Formal Public Hearing will be held during the March 20-21, 2024, Board meeting for consideration of
<br /> this possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
<br /> beginning at 9:00 a.m. on March 20, 2024, or as soon thereafter as the matter can be considered. In order
<br /> to be considered at the hearing, all exhibit materials and witness testimony you wish for the Board to
<br /> consider must be submitted by 5:00 PM on March 8, 2024, via email to the MLRB Administrator,
<br /> Camille M. MOW at: dnr_drms_mlrb-submittalsnstate.co.us.
<br /> If you have good cause not to appear in person you must submit a request to the Board to appear virtually
<br /> (via ZOOM). To do so,please submit an email to the Board Administrator,no later than 5:00 PM on March
<br /> 8, 2024,for Board consideration. If approved,you will receive an authorization code to attend the meeting
<br /> for this matter. Please note, only Parties and those who will be testifying may participate in the hearing.
<br /> All other interested persons may observe the hearing via the Board YouTube Channel:
<br /> htt2s://www.youtube.com/channel/UCDrrAOgblPFlOwce-yHl
<br /> of col0
<br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 e4 P
<br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 httos://drms.colorado.Rov vFi \0
<br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director I
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