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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2021-016 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY HCR HIGH COUNTRY <br /> REPAIR, CORRECTIVE ACTION, CEASE AND DESIST ORDER,AND CIVIL <br /> PENALTIES FOR FAILURE TO PROTECT LAND OUTSIDE THE PERMIT <br /> BOUNDARIES FROM SLIDES OR DAMAGE OCCURRING DURING THE <br /> MINING OPERATION, File No. M-2003-002 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on September 22, 2021,via videoconference to consider possible violations by HCR <br /> High Country Repair("Operator"), cease and desist order, corrective action, and <br /> civil penalties for failure to protect land outside the permit boundaries from slides <br /> or damage occurring during the mining operation, file number M-2003-002. <br /> Patrick Lennberg appeared on behalf of the Division of Reclamation, Mining, and <br /> Safety ("Division"). There was no appearance on behalf of Operator.' <br /> The Board, having considered the testimony and the materials presented and <br /> having been otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110(c) permit for a 9.9-acre gravel operation <br /> located in Section 35, Township 25 South, Range 66 West, 6th Principal Meridian in <br /> Huerfano County, Colorado, permit number M-2003-002. The site is known as the <br /> Ghost River Gravel Pit. <br /> 2. On July 28, 2021, the Division conducted an inspection of the site. The <br /> inspection report, dated August 11, 2021, noted several issues at the site. In <br /> particular, the Division determined that the boundary at the site does not match <br /> the permit boundaries submitted with the permit. 1.8 acres of affected lands are <br /> ' The Board delayed the hearing until later in its September 22, 2021 meeting to <br /> allow Operator more time to participate in the hearing. Though a representative <br /> from the Operator joined the meeting briefly, no representative remained in the <br /> videoconference during the hearing and no testimony was presented by Operator. <br />