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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2015-016 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY JOHN RAFTOPOULOS, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR MINING WITHOUT A RECLAMATION PERMIT, File No. M- <br />2015-027 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 26, 2015 in Denver, Colorado to consider possible violations by John <br />Raftopoulos, cease and desist order, corrective action, and civil penalties for mining <br />without a permit, File No. M-2015-027. Russell Means, Amy Y eldell, and First <br />Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). John Raftopoulos appeared on his <br />own behalf. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. Mr. Raftopoulos owns a land parcel, located in Section 3, Township 9 <br />North, Range 102 West, 6th Principal Meridian, that is adjacent to land <br />administered by the Bureau of Land Management ("BLM"), located 0.5 miles west <br />of the intersection of State Road 138 and Moffat County Road 34 N. The Division <br />designated the area as the Vermillion Creek Borrow Area. <br />2. Representatives of the Little Snake Field Office of the BLM contacted <br />the Division and reported that minerals had been severed from its property without <br />a permit from either BLM or the Division. BLM representatives reported contact <br />with Mr. Raftopoulos, who confirmed that the disturbance on the property was done <br />by himself or his employees. <br />3. On June 9, 2105, BLM sent a Notice of Trespass ("Notice of Trespass") to <br />Mr. Raftopoulos. The Notice of Trespass expressed the BLM's position that the violation <br />was an act of innocent trespass and requested a meeting to resolve the situation. <br />John Raftopoulos <br />Vermillion Creek Borrow Area/M-2015-027 <br />MV -2015-016 <br />1 <br />