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<br /> <br />BOARD SECTION - TO BE COIVIPLETED 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, <br />the Board hereby makes the following Findings of Fact at the January 25, 1999 regularly scheduled Board Meeting: <br />Joseph and Arlene Coean (Operator) are conducting an illegal l 10 construction materials operation <br />in the following location: Section 1 & 2 ,Township IS ,South, Range 73 Wes[. 6th P.M. in <br />Chaffee County, Colorado. <br />2. Joseph and Arlene Coean (Operator) have no[ obtained a permit for such <br />construction material minine operations, as required by C.R.S. 3=3-32.~-101 et seg. <br />3. On January 25, 1999 the Division of Minerals and Geology presented evidence at the Formal Public <br />Hearing demonstrating that: <br />The operator illegally engaged in mining operations prior to obtaining final approval for a <br />110 construction materials reclamation permit and in doing so affected approximately 1.7 <br />acres. <br />DURATION OF THE VIOLATION(S) <br />The office issued a Cease and Desist Order from the Office on 1/11/99 to stop the subject activity from <br />continuing to occur. Corrective actions included in the inspection report, required the operator to submit <br />information that was missing so that the application which had been submitted on 10!27/98 could be called <br />complete for technical review, and to follow-up with any further requests for information so that the <br />application could be approved within 30 days. The operator has submitted all missing information and the <br />application has been deemed to be complete. The decision date is 2/10199. <br />The Board may determine the duration of the violation by considering any of the following: <br />1. 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 />1. The inspection date that identified the potential violation(s) 1/3/99 <br />2. The date the operator completed the corrective action 1/8/99 and still continues <br />3. The date the activity that caused the violation(s) ceased 1/8/99 <br />4. The date the ordered corrective actions will be or are completed 2/10!99 <br />5. The date the Board ordered corrective actions shall begin 1/26/99 <br />6. Any other relevant evidence <br />BOARD JUSTIFICATION FOR THE AMOUNT OF THE CIVIL PENALTY AND POSSIBLE <br />SUSPENSIONS. <br />BOARD ORDERED CORRECTIVE ACTIONS: <br />