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<br />BOARD SECTION - TO BE COMPLETED BY THE BOARD <br />VIOLATION -FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32.5-123, the <br />Board hereby makes the following Findings of Fact at the September 23-24, 1998 regularly scheduled Board Meeting: <br />General Operating Company is conducting aSurface/1 10 gravel mining and reclamation operation in the <br />following location: Section 35, Township 4North, Range 85 West, 6th P.M. <br />2. General Operating Company has not obtained a permit for such surface mining and reclamation <br />operations, as required by C.R.S. 34-32.5-101 et seg. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on September <br />23, 1998 demonstrating that: <br />General Operating Company had failed to obtain a Construction Material Reclamation Permit prior to <br />engaging in mining and reclamation activities in violation of C.R.S. 34-32.5-109(1). The affected land <br />outside the permit boundary is approximately 9.7 acres. <br />Di IRATION OF THE VIOLATION(S) <br />The violation was discovered on August 4, 1998 and brought before the Mined Land Reclamation Board on September <br />23, 1998 causingthe violation to exist for at least 50 days. The operator submitted an application fora 112 Construction <br />Material Reclamation Permit. The corrective action date for the submittal was September 18, 1998. <br />The Board may determine the duration of the violation by considering any of the following: <br />I. The date of the inspection that identified the potential violation(s), <br />2. When the corrective action is completed, <br />3. When did or will the activity that caused the violation(s) cease, <br />4. The date the Board ordered corrective actions will be or are completed, <br />5. The date the Board ordered corrective actions begin, <br />6. Any other relevant evidence. <br />BOARD JUSTIFICATION FOR DURATION <br />I. The inspection date that identified the potential violation(s) August 4. 1998 <br />2. The date the operator completed the corrective action (11 Filed a 112 application on SeRember 18. 1998. <br />3. The date the activity that caused the violation(s) ceased Prior to August 4. 1998 <br />4. The date the ordered correctiveactions will be or are completed See below. <br />5. The date the Board ordered corrective actions shall begin See below.. <br />6. Any other relevant ev <br />