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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF CRIPPLE CREEK & VICTOR GOLD MINING COMPANY, <br />CRESSON PROJECT, AM -10 APPLICATION, Permit No. M -1980 -244 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />September 12, 2012 for a hearing to consider the application of Cripple Creek & <br />Victor Gold Mining Company ( "Operator ") to amend permit number M -1980 -244, a <br />112c1-3 operation, to include Mine Life Extension 2. Tim Cazier and First Assistant <br />Attorney General Jeff Fugate appeared on behalf of the Division of Reclamation, <br />Mining and Safety ( "Division "). Timm Comer and Peter O'Connor appeared on <br />behalf of the Operator. Kirby Hughes appeared on behalf of objector Sierra <br />Club /Rocky Mountain Chapter (Colorado) and objector Citizens for Victor!. <br />The Board, having considered the parties' presentations and testimony, and <br />being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a 112d -3 permit for a hard rock gold and silver <br />operation known as the Cresson Project, located in Section 30, Township 15 South, <br />Range 69 West, 6th Principal Meridian. The approximately 5,862 -acre site is <br />located in Teller County, Colorado. <br />2. In 1994, the Operator repermitted the Cresson Project by <br />Amendment 6. Since 1994, the Operator has amended permit number M- 1980 -244: <br />Amendment 7 (1998), Amendment 8 (2000), and Amendment 9 (2008). <br />3. On February 28, 2012, the Operator delivered to the Division an <br />application to amend permit number M- 1980 -244 to including Mine Life Extension 2 <br />( "MLE2 ") ( "Application AM -10 "). <br />4. On March 5, 2012, the Division deemed Application AM -10 complete <br />for review and classified it as a complex permit per Rule 1.4.1(7). <br />5. On April 3, 2012, the Division requested Mill Foundation liner analysis <br />during a regular site inspection. <br />6. On April 19, 2012, the Division received comments from Janet A. <br />Kunz, requesting retrieval of the remains of Wayne B. Tease from the site. <br />