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i <br />RECE~!/ED <br />SEP Q 6 2006 <br />BEFORE THE MINED LAND RECLAMATION BOARD Division of Reclamation, <br />STATE OF COLORADO Mining and safety <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF GRAND COUNTY'S POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />MINING WITHOUT A PERMIT, FILE NUMBER M-2006-029 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on July <br />12, 2006, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and. civil penalties for mining without a permit. The file <br />number in this matter is M-2006-029. Bill Clazk, Assistant Superintendent for Grand <br />County Road and Bridge Department, and Stevan L. O'$rian appeared on behalf of Grand <br />County ("Operator"). Richazd Wenzel appeared on behalf of the Division of Minerals and <br />Geology ("Division"). <br />The Boazd, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator appears to have conducted unpennitted mining operations on a site owned by <br />the United States Forest Service ("USFS") located in Section 17, Township 3 South, Range <br />77 West, 6`s Prime Meridian, in Grand County, Colorado..The total disturbed area on the <br />site is approximately 5.6 acres. The site is known as the South Fork Gravel Pit, <br />2. The Division inspected the site on May 9, 2006. The Division inspector observed that <br />approximately 5.6 acres of USFS land had been cleared of trees and topsoil. <br />Approximately 2.3 acres of the area had been mined. <br />Grand County <br />M-2006-029 <br />