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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2021-011 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY TARA SANDERS, <br />CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br />PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br />ENGAGING IN A NEW MINING OPERATION, File No. M-2021-036 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on August 18, 2021 via videoconference as a consent agenda item to consider a <br />possible violation by Tara Sanders ("Operator"), cease and desist order, corrective <br />action, and a civil penalty for failing to obtain a reclamation permit before <br />engaging in a new mining operation, file number M-2021-036. <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. On May 26, 2021, the Division of Reclamation, Mining and Safety <br />("Division") received an anonymous complaint, forwarded by Routt County officials, <br />alleging an un-permitted mining operation at 26650 Wheeler Creek Lane, <br />Steamboat Springs, Colorado. The complaint also indicated that material was being <br />excavated at the site, with a twenty to thirty-foot highwall, and hauled off site using <br />public roads to Home Ranch, near Clark, Colorado. The complainant identified the <br />landowner as Tara Sanders. <br />2. On May 27, 2021, the Division contacted Ms. Sanders. Newell <br />regarding the allegations and scheduled an inspection of the site. <br />3. The Division also spoke with Dell Look and Michael Moon, manager of <br />the Home Ranch. <br />4. On June 8, 2021, the Division conducted an inspection of the site. The <br />inspection report, signed July 7, 2021, described a small, single excavated area into <br />a hillside with a topsoil pile above the excavation. One small stockpile of material <br />was located withing the excavated area, which the Division determined was <br />approximately 1.89 acres in size. The headwall to the excavation was approximately <br />fifty feet high. Dell Look of Home Ranch stated that he wanted to bench the high <br />