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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV- 2014 -025 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY CONEJOS COUNTY, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES, File No. M- 2014 -031 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />August 20, 2014 in Denver, Colorado as a consent agenda item to consider the <br />possible violation by Conejos 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 -2014 -031. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. On May 22, 2014, the Operator self - reported to the Division of <br />Reclamation, Mining and Safety ( "Division ") an unpermitted mining operation. The <br />site is a basalt rock extraction operation located in Section 18, Township 32 North, <br />Range 9 West, N.M.P.M., Conejos County, Colorado, file number M- 2014 -031. The <br />site is known as the Rock Borrow Site. <br />2. On June 16, 2014, the Division sent the Operator a letter noting that <br />31,177 cubic yards of material was excavated and that 90 -95% of that material was <br />used as construction material for area construction projects that are not related to <br />construction or maintenance of county roads. The Division determined that the site <br />requires a reclamation permit. <br />3. On June 26, 2014, the Division inspected the site. The Division found, <br />among other things, that the operation is part of a road improvement project for <br />Conejos County Road 12.5, that the quantity of the material excavated exceeds the <br />requirements of the project, and that the Operator has transported construction <br />materials from the site. <br />4. On July 7, 2014, the Division sent the Operator the June 26, 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 20, 2014 hearing. <br />