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BEFORE THE MINED L,,kND RECI,AI\Lx,'ION BOARD <br /> STATE OF COI.ORADO <br /> Notice of Violation No. ZIP'-2017-027 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY DANIEL J. GAUDREALTLT <br /> AND B ARBARA J. GAUDREAULT, CEASE AND DESIST ORDER. CORRECTIVE <br /> ACTION, AND C'IV11, PENALTY FOR FAILING TO OBTAIN A RECLAMATION <br /> PERItIIT PRIOR TO ENGAGING IN -k NE«' i1IINING OPERATION, <br /> File No. M-2006-081 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on June 28, 201 7 in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by Daniel J. Gaudr-eault and Barbara J. Gaudreault (collectively, <br /> "Operator"), yeaso and desist order, corrective action, and a civil penalty for failing <br /> to obtain a reclamation permit before enga�,ing in a new mining operation, file <br /> number 1NI-2006-081. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and having been otherwise fully informed of(he facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 11.2c reclamation permit fora sand and gravel <br /> mining operation located in Section 26, Township 21 South, Range 61 NVest, 6th <br /> Principal Meridian in Pueblo County, Colorado. The site is known as the Big "G" <br /> Gravel Pit. <br /> 2. On March 1, 2017, the Division of Reclamation, Mining and Safety <br /> ("Division') conducted an inspection of the Big "G*' Gravel Pit. Keith Tucker, <br /> representing the Operator, attended the inspection. During the inspection, the <br /> Division found that approximately 7.3 acres outside of the permit boundary have <br /> been disturbed. <br /> 3. On April 4. 2017. the Division mailed the March 1, 2017 inspection <br /> report and a signed copy of the Reason to Believe a Violation Exists letter to the <br /> Operator. The Division's letter provided notice regarding the alleged violations and <br /> information about the June 28, 2017 hearing. <br /> 4. On June 14, 2017. the Operator admitted the violation and agreed to <br /> the Division's recommendations to the Board. <br />