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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2014-023 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY LUKE THE DUKE, LLC, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br /> PENALTIES, File No. M-2013-036 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> July 30, 2014 in Denver, Colorado to consider the possible violation by Luke the <br /> Duke, LLC ("Operator"), cease and desist order, corrective actions, and civil <br /> penalties for failing to obtain a reclamation permit prior to engaging in a new <br /> operation, permit number M-2013-036. John Avery appeared on behalf of the <br /> Operator. Kate Pickford and Russ Means appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division"). <br /> The Board, being fully informed of the facts in the matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator operates a 3.0-acre sand and gravel operation located in <br /> Section 26, Township 35 North, Range 11 West, N.M.P.M., La Plata County, <br /> Colorado, file number M-2013-036. The site is known as the Cross Creek Ranch. <br /> 2. On June 5, 2013, the Division inspected the site based on a complaint <br /> received from the La.Plata County Planning Department. The Division observed <br /> one, small area of activity at the site. <br /> 3. On June 10, 2013, the Division sent an "Is it Mining" questionnaire to <br /> the Operator. <br /> 4. On July 8, 2013, the Division received the completed "Is it Mining" <br /> questionnaire from the Operator. <br /> 5. On July 11, 2013, the Division sent the Operator a determination <br /> letter indicating that he did not require a permit because excavation was for an <br /> irrigation pond, it was stated that there were more water rights for the pond, and <br /> excess material was being used to develop roads on the property. The <br /> determination letter clearly indicated that any significant deviation from the <br />