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<br />3. The Mined Land Reclamation Division presented evidence at the <br />Formal Public Hearing on Mazch 26, 1992, demonstrating that: <br />(1) The Cash (Gold Hill) Mill processed ore from the Bueno <br />Mine and the Cross Mine, both located in Boulder County, <br />which are not owned by Gold Hill Ventures Limited <br />Partnership. The permit states that only ore from Gold <br />Hi11 Ventures Limited Partnership properties will be <br />processed at the mill." <br />6. Order: <br />From the foregoing fmdings, the Board ordered Petitioner <br />to cease and desist from conducting milling operations processing ore <br />not allowed in the permit. Corrective action was mandated that the <br />mill process only ore from "Gold Hill Ventures Limited Partnership <br />properties". <br />7. Fine: <br />A civil penalty was imposed in the total amount of <br />$23,370.00 to be paid within thirty days from March 27, 1992 based <br />upon an assessment of $190 per day for 123 days of violation, being <br />the period between November 26, 1991 and March 26, 1992. <br />From the foregoing, Petitioner urges the following is reconsid- <br />eration of the action and disposition of the Board. <br />1. Civil penalty imposed is unsupported by evidence in <br />the record. There is no finding of fact upon which to base conclusion <br />violation fell within scope of Zone D constituting significant damage or <br />health or safety hazazd, at least moderate off-site and on-site and/or <br />moderate health or safety hazard. <br />2. There is no evidence to support contention alleged <br />violation was willful as defined as deliberate. There is no finding of <br />fact the violation was deliberate as resulting from or characterized by <br />careful and thorough consideration with an awareness of the <br />consequences. <br />3. The single finding of fact, aside from the finding <br />with respect to the permit and the hearing, finds that the mill (Gold <br />Hill) processed ore from the Bueno Mine and the Cross Mine, not <br />owned by Gold Hill Ventures Limited Partnership. This finding goes <br />on to state that permitted mill processing is restricted to ore derived <br />from Gold Hill Ventures Limited Partnership properties. This finding <br />is not supported by the record. <br />3 <br />