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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-007 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY BLUE MOUNTAIN STONE, <br /> INC., 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-1981-075 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on June 21, 2023, via videoconference, to consider a possible violation by Blue <br /> Mountain Stone, Inc. ("Operator"), cease and desist order, corrective action, and <br /> civil penalties for failing to obtain a reclamation permit before engaging in a new <br /> mining operation, file number M-1981-075. Patrick Lennberg, Jared Ebert, and <br /> Russell Means appeared on behalf of the Division of Reclamation, Mining and <br /> Safety C'Division"). Raul Vasquez and Bobbi Vasquez appeared an behalf of <br /> Operator. <br /> The Board, having considered presentations, testimony, materials submitted, <br /> and being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110(c) reclamation permit for a 9.90-acre sandstone <br /> mining operation located in Section 5, Township 3 North, Range 70 West, 6th <br /> Principal Meridian, Boulder County. The site is known as the Phillips Stone <br /> Company. <br /> 2. On March 20, 2023, the Division conducted a pre-operation inspection <br /> of the site as part of the process for a conversion application filed by Operator in <br /> 2022. The inspection report, signed April 17, 2023, observed that approximately 2.1 <br /> acres had been disturbed beyond the permit boundaries. This area consists of a <br /> roadway around the pit area and an area for equipment parking and storage of <br /> marketable materials. <br /> 3. On May 8, 2023, the Division sent the Operator a Reason to Believe a <br /> Violation Exists letter. The Division's letter provided notice regarding the alleged <br /> violations and informed Operator that the matter had been set for a hearing at the <br /> Board's June 21, 2023 meeting. <br />