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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2018-038 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY STEVEN HUNTER, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL <br />PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT <br />BEFORE ENGAGING IN A NEW MINING OPERATION, File M-2018-052 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on December 12, 2018 in Denver, Colorado to consider possible violations by <br />Steven Hunter ("Operator"), cease and desist order, corrective action, and civil <br />penalties for mining without a permit, file number M-2018-052. Eric Scott <br />appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />Steven Hunter and Danny Teodoru, Esq. appeared on behalf of Operator. <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. Operator owns a land parcel, located in Section 31, Township 6 South, <br />Range 77 West, 6th Principal Meridian, that is located in the town of Breckenridge. <br />2. On October 1, 2018, the Division received an email and call from Don <br />Reimer, Summit County Planning Director reporting a possible illegal mining <br />operation and requesting that the Division join Summit County officials on a site <br />inspection. <br />3. On October 4, 2018, the Division conducted an inspection of the site. <br />Operator was present during the inspection. Representatives from Summit County <br />were also present. During the inspection, the Division observed, among other <br />things, a sluice and screening hardware, which indicated on-site material <br />processing, active excavation, and material disposal. Three buildings had been <br />constructed on the site, including two that contained material processing equipment <br />and one that covered the excavation. It appeared that only hand tools had been <br />used during the excavation. <br />4. On October 24, 2018, the Division mailed the Operator a Reason to <br />Believe a Violation Exists letter. The Division's letter provided notice regarding <br />