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VIOLATION -FINDINGS OF FACT (To be completed by the Board) <br />Pursuant to the authority vested in [he State of Colorado Mined Land Reclamation Board by <br />C.R.S. 3432.5-123, the Board hereby makes the following Findings of fact at the Sentember 25, 127 Regularly scheduled <br />Board meeting: <br />Downare Land Cattle & Equipment Co (Operator) is conducting a minine o~eration in the following <br />location: Section 1g . Township ~_South, Range 74 West, 6th P.M. <br />2. Downare land. Cattle & Equipment Co. (Operator) has not obtained a permit far such <br />minine operatiotts as required by C.R.S. 34-32.5-101 et ~. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Baring on <br />Sentember 25 , 1997 demonstrating that :Downare Land, Cattle & Equipme t Co. had mined 3 acres <br />outside the existing 9.7 acre permit boundary and is in violation of C.R.S. 3 -32.5-109(1) for mining <br />without a permit. <br />~URATION OF THE VIOLATION(S) <br />(The staff shall describe if the claimed violation(s) is actively occurring, and for how long. Also d tribe corrective actions <br />in progress, or completed by the operator.) <br />As of August 22, 1997 the operator had regraded the 3 disturbed acres to reclamation contours. <br />On August 29, 1997 the operator submitted a technical revision application for operation of an asph It batch plant within the <br />9.7 permitted acres. <br />The operator is currently preparing a 112 Construction Materials conversion application for at le t 12.7 permitted acres. <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 (To be completed by the Board) <br />1. The inspection date that identified the potential violation(s)~u~j <br />2. The date the operator completed the corrective action <br />3. The date the activity that caused the violation(s) ceased Iult <br />4. The date the ordered corrective actions will be or are completed <br />5. The date the Board ordered corrective actions shall begin Seo <br />6. Any other relevant evidence. <br />