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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 FORT LYON CANAL COMPANY, THE FORT LYON CANAL COMPANY PIT SITE, FILE NO. M-2001-097, NOTICE OF VIOLATION MV-2001-042, CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND ASSESSMENT OF CIVIL PENALTIES FOR FAILURE TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A MINING OPERATION THIS MATTER having come before the Mined Land Reclamation Boazd ("the Board") on October 17, 2001, for a hearing pursuant to Section 34-32.5-124, C.R.S. The Boazd, having considered the petition, the testimony and exhibits of the parties, and having been otherwise fully informed in the premises, hereby makes the following Findings of Fact and Conclusions of Law, and enters the following Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW The Fort Lyon Canal Company ("Fort Lyon") is conducting a limestone (rip-rap) operation, affecting approximately 7 acres, in Bent County, Colorado, Section 3, T22S, R48W, 6`" P.M. 2. The Board conducted a Formal Public Hearing on September 19, 2001, to consider a possible violation of Section 34-32.5-109(1), C.R.S., for mining without a reclamation permit. 3. On September 26, 2001, the Division conducted an inspection of the Fort Lyon Canal Pit Site at the request of Fort Lyon. Following the inspection, the Division determined that Fort Lyon had been conducting a mining operation without first obtaining a reclamation permit. Fort Lyon waived its right to 30 days notice of the hearing on its possible violation. 4. On the date of the hearing in this matter, evidence was supplied by Fort Lyon that it had submitted a reclamation permit application. 5. The Board finds that Fort Lyon violated the provisions of Section 34-32.5-109(1), C.R.S. 6. The Board finds that the violation lasted for 21 days. 7. The Board finds that it may assess a civil penalty in the amount of between $1,000.00 to $5,000.00 per day, for a total of between $21,000.00 to $105,000.00, as well as the amount of $322.41 for staff time calculated at $37.93/hour for 8.5 hours. The Board further finds that the minimum civil penalty in the amount of $21,322.41 should be assessed to Fort Lyon, and that it is appropriate to suspend all but $322.41 of the civil penalty pending compliance with the corrective action set forth below, in light of the operator's self-reporting of the problem and timely submittal of a permit application. The Board finds that Fort Lyon should post an interim reclamation bond in the amount of $8,400.00.