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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-007 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY CRIPPLE CREEK & VICTOR <br /> GOLD MINING COMPANY, CORRECTIVE ACTIONS, CEASE AND DESIST <br /> ORDER, AND CIVIL PENALTIES FOR FAILURE TO COMPLY WITH A <br /> CONDITION OF ITS PERMIT, FILE NUMBER M-1980-244 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on March 20, 2024, in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by Cripple Creek & Victor Gold Mining Company ("Operator"), <br /> cease and desist order, corrective action, and a civil penalty for failure to comply <br /> with a permit condition, file number M-1980-244. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and being otherwise fully informed of the facts in the matter, enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112d-3 permit for a gold mining operation located <br /> in Section 30, Township 15 South, Range 69 West, 6th Principal Meridian in Teller <br /> County, Colorado, permit number M-1980-244. Located southeast of Cripple Creek, <br /> Colorado and north of Victor, Colorado, the site is known as the Cresson Project. <br /> The Cresson Project is a designated mining operation. <br /> 2. On February 6, 2024, the Operator informed the Division that on <br /> February 4, 2024, ore that was being stacked in Cell 6 of the Valley Leach Facility 2 <br /> Phase 3A ("VLF2 Phase 3A') spilled downhill into Cell 5. <br /> 3. On February 8, 2024, and February 14, 2024, the Division and <br /> Operator conducted conference calls with a presentation from Operator regarding <br /> the stacking event. During the calls, Operator informed the Division that <br /> approximately 5,232 tons of ore was placed downhill from Cell 6 into Cell 5 onto <br /> Drain Cover Fill, filling approximately 5,144 square feet of the total area of Cell 5. <br /> 4. On February 15, 2024, the Division conducted an inspection of the site <br /> and observed the cells where the ore had been moved. On the same day, the <br /> Division also sent Operator a Reason to Believe a Violation Exists letter. The <br />