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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />~~L~ ~~PY <br />IN THE MATTER OF A POSSIBLE NOTICE OF VIOLATION, CEASE AND DESIST <br />ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR FAILURE TO OBTAIN <br />A RECLAMATION PERMIT, SANBORN SAND AND GRAVEL, INC., FILE NLJMBER <br />M-1984-094 p.~ ~ - a, 00~,_~j <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />January 20, 2004, in Denver, Colorado for a hearing to consider a possible notice of <br />violation, cease and desist order, corrective actions and civil penalties for failure to obtain a <br />reclamation pennit.prior to engaging in a new mining operation. Steve McEvoy appeazed <br />on behalf of Sanborn Sand and Gravel, Inc. ("Operator"). James Dillie appeared on behalf <br />of the Division of Minerals and Geology ("Division"). <br />The Boazd, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />1. The Operator excavates sand and gravel from an 18-acre site known as the Gloria Z Mine, <br />located in Section 29, Township 9 South, Range 77 West, 6s' Prime Meridian, Pazk <br />County, Colorado. In 1984, the Division originally approved a Regulaz Section 112 <br />Application for the site. <br />2. On October 23, 2003, the Division conducted an inspection of the site. The inspector was <br />unable to locate the approved permit azea boundary mazkers. The inspector also noted a <br />disturbed area several acres in size adjacent to the proximate location of the permit azea. <br />As a result of the inspection, the Operator was required to install accurate boundary <br />mazkers because it appeared that he may have mined beyond the actual permit boundaries. <br />