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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No.MV-2017-009 <br /> FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO BACKHOE SERVICE, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTION,AND CIVIL PENALTY FOR FAILING TO OBTAIN <br /> A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING OPERATION,File No. <br /> M-2009-074 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on April <br /> 27,2017 in Denver, Colorado as a consent agenda item to consider a possible violation by <br /> Colorado Backhoe Service ("Operator"),cease and desist order,corrective action,and a civil <br /> penalty for failing to obtain a reclamation permit before engaging in a new mining <br /> operation,file number M-2049-074. <br /> The Board,having considered the materials presented with this consent agenda <br /> item and having been otherwise fully informed of the facts in the matter,eaters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110c reclamation permit for a sand,gravel,and borrow <br /> material operation located in Section 6,Township 21 South,Range 63 West,6th Principal <br /> Meridian in Pueblo County,Colorado. The site is known as the Orr Pit. <br /> 2. On March 1, 2017,the Division of Reclamation,Mining and Safety <br /> ("Division")conducted a regular monitoring inspection of the Orr-Pit. Thomas Joseph, <br /> representing the Operator,attended the inspection. During the inspection,the Division <br /> found that approximately six acres outside of the permit boundary have been disturbed. <br /> 3. On March 23, 2017,the Division mailed the March 1, 2017 inspection report <br /> and a signed copy of the Reason to Believe a Violation Exists letter to the Operator. The <br /> Division's letter provided notice regarding the alleged violations and information about the <br /> AprR 27,2,017 hearing. <br /> 4. On April 13, 2017,the Operator admitted the violation and agreed to the <br /> Division's recommendations to the-Board. <br /> CONCLUSIONS OF LAW <br /> 5. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclama <br /> tion Act for the Extraction.of Construction)Materials,Article 32.5 of Title 34,C.R.S. <br /> (2046). <br />