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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE NOTICE OF VIOLATION ISSUED TO TI'EC ENVIRONMENTAL COLORADO, INC., FILE NO. M-1994-117. THIS MATTER came before the Mined Land Reclamation Board on November 20, 2002 a[ Leadville, Colorado for hearing on a Notice of Violation issued to ITEC Environmental Colorado, Inc. Mazk Steen and Gordon Sweeney appeazed on behalf of the Respondent. Etica Crosby appeazed on behalf of the Division of Minerals and Geology (Division). The Board, having considered the testimony and the arguments of the parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Respondent operates an 8.4 acre 110 gold mining and milling facility commonly known as the Gold Hill Mill. This facility is located in Section 12, T1N, R72W, 6s' P.M., Boulder County, Colorado. 2. The Board has jurisdiction over the subject matter of this case and the parties, pursuant to C.R.S. § 34-32- 124. 3. On October 16, 2002, the Division notified the Respondent that it failed to submit the 2001 annual water monitoring report that is required by its reclamation permit, in accordance with C.R.S. § 34-32-124(1). Once per year, the Respondent is obligated to sample and provide sampling results from Well #1, a well located down-gradient from the facility. The Division received the Respondent's 2001 Annual Reclamation Report on September 30, 2002, absent the required monitoring results. 4. The Respondent retained a consultant to conduct the sampling and provide the results. The consultant failed to do so, so the Respondent has since hired a new employee to take over this duty. Other sample results have shown no evidence of contamination from the facility. 5. C.R.S. § 34-32-116(1) requires that every operator must perform the reclamation prescribed by its reclamation plan.