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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE NOTICE OF VIOLATION TO FREMONT COUNTY, FILE NO. M-2002-083. THIS MATTER came before the Mined Land Reclamation Boazd on September 18, 2002 at Denver, Colorado for hearing on a Notice of Violation issued by the Division of Minerals and Geology to Respondent Fremont County. Brenda Jackson, Fremont County Attorney, appeazed on behalf of Respondent. James Dillie appeared on behalf of the Division of Minerals and Geology (hereinafter Division). The Boazd, having considered the position of the parties, and having been otherwise fully informed in the premises, hereby enters the following findings of fact, conclusions of law and order: FINDINGS OF EVIDENTIARY FACT I. The subject of this action is a 7 acre sand and gravel pit located in Section 20, T48N, R11E, N.M.P.M., Fremont County, Colorado. 2. The Division inspected this operation after receiving an amendment application from Respondent. Based on a review of its records and the inspection, the Division determined that Respondent has been mining at a pit that is no longer permitted by the Division. The Division terminated the permit in 1991. 3. The County has two sand and gravel pits in close proximity. One pit was operated under Permit File No. M- 1984-117. This operation is located north of Highway S0, in Section 20. The County has been operating in the Section 20 pit, notwithstanding the fact that the Division ternnated the permit. The second pit is located south of Highway 50 in Section 5 (T47N, R11E), adjacent to Georgia Pacific's Coaldale Quarry pit. The south pit, in Section 5, is reclaimed, but approved far operations under Permit File No. M-1978-096. The County is no[ operating in this pit. 4. The County states [ha[ i[ has always known the Section 20 pit as the Coaldale Pit, and that it has been operating there continuously since the 1980's. The County applied to terminate the permit for this pit in 1991 by mistake. It confused the records for the two pits, and had intended to terminate the permit for the Section 5 pit.