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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />RECE'!V~® <br />~ 2 a zoos, <br />Division of Minerals <br />and GeolnGy <br />IN THE MATTER OF JAMES D. AND $ECKY J. KRAKEL'S AND HIGH PLAINS <br />SAND AND GRAVEL'S POSSIBLE NOTICE OF VIOLATION, CEASE AND DESIST <br />ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR MINING WITHOUT A <br />PERMIT, FILE NUMBER M-1994-096/ <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on July <br />28, 2004, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for mining without a permit. The file <br />number in this matter is M-1994-096. Erica Crosby appeared on behalf of the Division of <br />Minerals and Geology ("Division"). There were no appearances on behalf of James D. and <br />Beckie J. Krakel ("Operators"). However, Robert C. Pittington, Jr. appeared on behalf of <br />the contractor, High Plains Sand and Gravel, LLC ("Contractor") <br />The Board, 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 />The Operator currently possesses an approved Section 110c Reclamation Permit fora 6- <br />acre sand and gravel extraction operation known as the Russell Gravel Pit site. The site is <br />located in Section 3, Township 9 North, Range 68 West, 6`h P.M., Larimer County, <br />Colorado. The Operator posted a $6,000.00 reclamation bond. <br />The Division inspected the site on May 28, 2004. The Division inspector observed that <br />mining was taking place outside of the permitted area. The Division inspector observed <br />approximately 3 acres of disturbed ground outside the permitted area on which mining, <br />processing and hauling activities were taking place. <br />