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<br />2. Jurisdiction: <br />Notice of Violation M-92-021 and Cease and Desist Order, <br />from which Petitioner seeks reconsideration, was received by <br />Petitioner on April 3, 1992 from which this timely submission is due <br />on or about April 14, 1992. <br />3. Statement of Contentions: <br />The contentions of the Division upon which the decision <br />rests aze set forth as a part of Agenda Item No. 20 which, among other <br />things, assert nature and duration of violation as follows: <br />Nature of Violation: Failure to process ore in the mill <br />which comes from Gold Hill Venture's properties onlX <br />as stated in the permit. <br />Duration of Violation: From date of inspection 11/26/91 <br />to 3/26/92 (March Board meeting) equals 123 davs. <br />Seriousness of Violation: D (Zone D) defined as "at least <br />moderate off-site damages and on-site damages and/or <br />moderate health or safety hazard." <br />Fault: Willful -defined as "deliberate." <br />4. Public Hearin!:: <br />A public hearing was held before the Mined Land Reclam- <br />ation Board on the subject matter on March 26, 1992. Exhibits were <br />submitted and testimony taken all of which were taken in evidence. <br />5. FYndinls: <br />From evidence presented, the Board made the following <br />findings of fact: <br />"Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the <br />following findings of fact: <br />1. Gold Hill Ventures Limited Partnership and Colina Oro Molino, <br />Inc. is permitted to conduct a mining operation under the terms of <br />Permit M-83-141 located in Boulder County, Section 12, Township 1 <br />North, Range 72 West of the 6th P.M., in Boulder County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public <br />Hearing on March 26, 1992 to consider possible violation of the terms <br />of Permit M-83-141 and C.R.S. 34-32-101 ~t sea. <br />2 <br />