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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2014 -030 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY YUMA COUNTY, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES, File <br />No. M- 2008 -035 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on August 20, 2014 in Denver, Colorado as a consent agenda item to consider the <br />possible violation by Yuma County ( "Operator "), cease and desist order, corrective <br />actions, and civil penalties for failing to obtain a reclamation permit prior to <br />engaging in a new operation, file number M- 2008 -035. <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 holds a 112c Construction Materials permit for a 38.57 - <br />acre sand and gravel operation located in Section 39, Township 1 South, Range 48 <br />West, 6th Principal Meridian in Yuma, County, Colorado, permit number M -2008- <br />035. The site is known as the Moser Pit. <br />2. On July 9, 2014, the Division conducted a normal monitoring <br />inspection of the site. The Division observed, among other things, approximately <br />4.57 acres of mining disturbance outside of the approved permit boundary. <br />3. On July 18, 2014, the Division sent the Operator the July 9, 2014 <br />inspection report and a Reason to Believe a Violation Exists letter. The Division's <br />letter provided notice regarding the alleged violations and information about the <br />August 2014 hearing. <br />4. On August 11, 2014, the Operator admitted the violation in writing <br />and agreed to the Division's recommendations to the Board. <br />CONCLUSIONS OF LAW <br />5. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2013). <br />