ENFORCE22420

• Permit No: M1981277
• IBM Index Class Name: Enforcement
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW & ORDER
• Media Type: D
• Archive: No

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999
BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
IN THE IvIATTER OF LOUKONEN BROTHERS STONE, PERMIT NO. M-81-277, NOTICE
OF VIOLATION MV-99-013, CEASE AND DESIST ORDER, AND ASSESSMENT OF CNII.
PENALTIES
THIS MATTER having come before the Nlined Land Reclamation Board ("the Board") on April
29, 1999, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Board makes the following
Findings of Fact and Conclusions of Law, and enters the following Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Loukonen Brothers Stone ("Loukonen") is permitted to conduct a sandstone
quarrying operation in Boulder County, Colorado, Sec. 6, T3N, R70W, 6th P.M., pursuant to
Permit No. M-81-277 ("permit").
2. The Board conducted a Formal Public Hearing on April 29, 1999, to consider a
possible violation of the provisions of the permit and Sections 34-32.5-(O1 e[ sec., C.R.S., for
mining without a permit.
3. The allowable affected area under the permit is 9.9 acres, split between eight
quarries.
The Division inspected the site on March 1, 1999, and found that Loukonen had
affected 3.8 acres outside the permitted area.
5. Loukonen has affected "substantial acreage beyond the approved permit
boundary" in violation of Sections 34-32.5-1090) and 123(2) C.R.S., and therefore has
conducted mining operations without a permit in violation of that provision.
6. The duration of the un-permitted operations is determined to be 59 days, from
March 1, 1999, the date of the Division's inspection, to April 29, 1999, the date of the hearing on
the matter.
ORDER
Based on the above findings of fact and conclusions of law, the Board ORDERS that:
1. Loukonen is hereby found to be IN VIOLATION of Sections 34-32.5-1090) and
123(2). C.R.S. by conducting mining operations without a permit.