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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />COM, Inc. <br />P.O. Box 17304 <br />Boulder, CO 80308-0304 <br />and <br />Mi Vida Enterprises, Inc. <br />P.O. Box 1523 <br />Longmont, CO 80502 <br />MODIFIED <br />NOTICE OF VIOLATION M-95-001 <br />AND <br />CEASE AND DESIST ORDER <br />TO: COM, Inc. and Mi Vida Enterprises, Inc. and all other persons engaged in or owning oreontrolling the <br />following operation: Gold Hill Mill and Mines located in Section 12, T1N, R72W, 6th P. M., in Boulder County, <br />Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the <br />Board hereby makes the following Cmdings of fact: <br />1. COM, Inc. and Mi Vida En[erprses, [nc. are permitted to conduct a mining and milling operation under <br />the terms of Permit M-83-I41 located in Section 12, Township 1 North, Range 72 West of the 6th P.M., <br />in Boulder County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on January 25, 1995 to consider <br />possible violation of the terms of Permit M-83-141 and C.R.S. 34-32-101 et s_eg. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />]anuary 25, 1995, demonstrating that: <br />a. On September 21, 1994 the Board issued NOV M-94-042 to COM, Inc. and Mi Vida Enterprises, <br />Inc. for loss of containment of tailings from overtopping the tailings impoundment and outside the <br />mill building. The co-permittees were ordered to Cease and Desist all milling and mining on the <br />site until corrective actions spelled out in NOV M-94-042 were completed. One of the corrective <br />actions was to obtain a new permit for the mill and tailings impoundment which addressed [he <br />problems with these structures by December 1, 1994. <br />b. As of January 25, 1995, the new permit has no[ been obtained by either co-permittee as required <br />in NOV M-94-042. <br />c. On December 16, 1994, Tim Hartley officially replaced Wayne Tatman as representative for <br />COM, Inc. and began handling CDM, Inc.'s new permit application (File No. M-94-117). <br />d. Mr. Tim Hartley, COM, lnc., indicated that the freeboard in the tailings pond is 32 inches. This <br />has not been verified by the Division. <br />e. Mr. Tim Hartley, COM, Inc., indicated that two of We three standpipes in [he tailings <br />impoundment are functional. This has not been verified by [he Division. <br />