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State of Colorado Mined Land Reclamation Board Department of Natural Resources In the Matter of: ] Findings of Fact Cessation Order C-85-013 ] Conclusions of Law issued to Mr. Buddy J. Healey ] and Board Order This matter was presented in a hearing, after proper notice, before the Colorado Mined Land Reclamation Board ("Board") on August 22, 1985, in Room 110 of the Centennial Building, 1313 Sherman Street, Denver, Colorado. The Board conducted the hearing to consider action on a Cessation Order (C-85-013) to Buddy J. Healey, and a civi] penalty fixed by the Mined Land Reclamation Division (the "Division") based on that cessation order, as modified. A quorum of the Board: Terry O'Connor (Chairman), Davis C. Holder, Sherman Blach, Chips Barry, and Lee Campbell was present during the entire hearing and participated in deliberation and voting on the matter. The hearing was held in accordance with C.R.S. 34-33-124 and 2 CCR 407-2, Rule 5.03.5. A taped transcript was made of the hearing. The Board hereby issues the following Findings of Fact, Conclusions of Law and Order. Findings of Fact 1. On February 14, 1985 the Division received a complaint by telephone concerning a potential illegal coal operation allegedly being conducted by Buddy J. Healey. 2. At approximately 3:45 p.m. on February 14, 1985, Brian i4unson and Gregg Squire of the Division and Gary Fritz of the U.S. Office of Surface Mining arrived at the reported location to investigate the complaint. 3. The operation and related disturbance were located in the Sl/2 NEl/4 Section 21, T305, R65W in Las Animas County, Colorado. The disturbance consisted of a pit of approximately 1/4 acre excavated in a previously disturbed area, a staging-loading area, access road, and a raw coal storage pile along the access road. Also noted were a pick-up truck, three dump trucks, a tractor with scraper blade and two dozers. 4. The operation was conducted by Healey. 5. Cessation Order C-85-013 was issued on site to Healey for conducting surface coal mining operations without a permit. The Order required the immediate cessation of operations and backfilling and grading of the pit by March 1, 1985.