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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2016-048 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY PARK COUNTY, <br /> COLORADO, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br /> CIVIL PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT <br /> PRIOR TO ENGAGING IN A NEW MINING OPERATION, File No. M-1986-140 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> July 27, 2016, in Denver, Colorado as a consent agenda item to consider a possible <br /> violation by Park County, Colorado ("Operator"), cease and desist order, corrective <br /> action, and a civil penalty for failing to obtain a reclamation permit before engaging <br /> in a new mining operation, file number M-1986-140. <br /> The Board, having considered the materials presented and being otherwise <br /> fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110c reclamation permit for an 9.64-acre sand <br /> and gravel site located in Section 14, Township 18 South, Range 76 West, 6th <br /> Principal Meridian in Park County, Colorado, permit number M-1986-140. The <br /> site, known as the Wright Pit, is located approximately twelve miles northeast of <br /> Fairplay, Colorado. <br /> 2. On May 31, 2016, the Division of Reclamation, Mining and Safety <br /> ("Division") conducted a regular monitoring inspection of the Wright Pit. Tammie <br /> Crawford attended the inspection on behalf of the Operator. During the inspection, <br /> the Division noted that the northeast and northwest boundary markers were not <br /> present. Following the inspection, the Division measured the affected area using a <br /> 2013 aerial image of the site and Google Earth Pro software. The Division found <br /> the Operator has affected approximately 23.26 acres, or 13.62 acres beyond the <br /> maximum allowed disturbance of 9.64 acres. <br /> 3. On June 10, 2016, the Division sent the Operator a signed copy of the <br /> May 31, 2016 inspection report. <br /> 4. On June 21, 2016, the Division mailed the Operator a Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the <br /> alleged violations and information about the July 27, 2016 hearing. <br />