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<br />BEFORE THE MINED LAND RECLA~~IATION BOARD <br />STATE OF COLORADO <br />F[NDLNGS OF FACT. CONCLUSIONS OF LAW, AND ORDER <br />LN THE MATTER OF S0. WAY CO., THE STAGE STOP P[T SITE, FILE N . IVi-84-025. <br />CONSIDERATION OF A REQUEST TO E;CTEND COMPLIANCE DATES F NOTICE OF <br />VIOLATION N0. MV-99-O1 l <br />THIS MATTER having come before the Mined Land Reclamation Board ("the )~oazd") on July <br />28, 1999, for a hearing, the Board makes the following Findings of Fact and Con lusions of Law, <br />and enters the following Order: <br />FLNDQ~IGS OF FACT AND CONCLUSIONS OF LAW <br />1. So. Way Co. is permitted to conduct, pursuant to Perrnit No. M-8 -025, a 1 l0 <br />sand and gravel mining operation in Saguache County, Colorado, Sec. 20, T45N, R6E, <br />N.M.P.M. <br />2. On May 14, 1999, the Boazd issued Notice of Violation No. MV- 9-Ol 1 ("NOV") <br />to So. Way Co. for conducting mining operations without a permit. The NOV is ncorporated by <br />reference herein. <br />3. The NOV ordered So. Way Co. to convert its 110 permit to a re~u~az 1 12 permit <br />and to secure such 112 permit by September 27, 1999. <br />4. At the July 28, 1999 Board hearings, So. Way Co., through its rep esentative the <br />Barnhart Agency, Inc., petitioned the Board for an extension of the September 2 , 1999 <br />compliance date noted in paragraph 3 above. As grounds for the request, So. Wa Co. stated that <br />it had been unable to complete the application file in a timely manner due to a de ayed response <br />from Saguache County regarding permit issues. <br />5. The Division recommended to the Board that in order to help So. ay Co. <br />comply with the NOV in the face of the delay it had encountered, the September 7 compliance <br />date could be changed to October 27, 1999. <br />6. The Board finds that So. Way Co. would have been unable to corn 1y with the <br />original September 27, 1999 compliance date contained in the NOV due to circu stances <br />beyond its control, and therefore that a compliance date extension is warranted in order for So. <br />Way Co. to comply with the NOV. <br />