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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2015-012 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY TODD HAYNES, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A <br />NEW MINING OPERATION, File No. M-2015-024 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />July 29, 2015 in Denver, Colorado as a consent agenda matter to consider the <br />possible violation by Todd Haynes ("Operator"), cease and desist order, corrective <br />action, and civil penalties for failing to obtain a reclamation permit prior to <br />engaging in a new operation, file number M-2015-024. <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 sandstone mining operation located in Section <br />8, Township 46 North, Range 9 West, 10th P.M., Ouray County, Colorado, file <br />number M-2015-024. The site is located approximately eight (8) miles southwest of <br />Colona, Colorado. <br />2. On May 19, 2015, the Division of Reclamation, Mining and Safety <br />("Division") inspected the site. The Operator, who is also the landowner of the site, <br />attended the inspection. During the inspection, the Division found that sandstone <br />boulders are removed from the site. The sandstone boulders are generated during <br />land improvements on the property and used both for on-site projects as well as off- <br />site <br />ffsite construction projects, including the Montrose River Park. The Division <br />observed that the operation has disturbed approximately one (1) acre and found no <br />imminent hazards, erosion, or stability concerns related to the operation. <br />3. On May 26, 2015, the Division sent the Operator the May 19, 2015 <br />inspection report and a Reason to Believe letter for failure to obtain a reclamation <br />permit from the Board before engaging in a new mining operation. The Division's <br />letter also provided notice regarding the alleged violation and information about the <br />July 29, 2015 hearing. <br />