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~(jDlr~G~~/~~i" <br />/~ ~~ <br />BEFORE THE MIN D LAND R LLAMAjION BOARD <br />STATE OF COLORADO ~PC~, /'1~ M~ , Pn'I P <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND <br />~i~S/ N~v~ V~E~ <br />M;,,°9a~o ~~Op6, <br />IN THE MATTER OF CLYDE AND MARIE COUCH'S POSSIBLE VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO PROTECT AREAS OUTSIDE THE AFFECTED LANDS FROM SLIDES <br />OR OTHER DAMAGE, FILE NUMBER M-1989-023 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 18, 2006 in Denver, Colorado for a hearing to consider a possible violation, cease <br />and desist order, corrective actions and civil penalties for failure to protect azeas outside of <br />the affected lands from slides or other damage during mining operations. The file number <br />for this matter is M-1989-023. Ben Winemiller appeared on behalfofClyde Couch <br />("Operator"), Deb Gonima appeared on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). <br />The Board, 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 has an approved Section 110c Reclamation Permit for approximately 2.5 <br />acres located in Section 29, Township 10 North, Range 50 West, 6`h Principal Meridian, <br />Logan County, Colorado. The site is referred to as the Caliche School Pit site. <br />2. On August 24, 2006, the Division inspected the site and observed that the Operator had <br />disturbed approximately 1.9 acres outside of the approved permit area. <br />3. On August 28, 2006, the Division sent to the Operator a Reason to Believe a Violation <br />Exists letter in which the Division set forth the events described above. In its letter, the <br />Division announced a date for a public hearing on the matter in front of the Board. <br />Clyde Couch, M-1989-023 <br />