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i ~ BEFORE- THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF MELBY RANCH PROPERTIES, THE WILD HORSE MESA PIT SITE, FILE Nc~. M-99-073, NOTICE OF VIOLATION MV-99-022. CEASE AND DESIST ORDER, AND A'iSESSMENT OF CIVIL PENALTIES THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on July 28, 1999, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Board makes the following Findings of Fact and Conclusions of Law, and enters the following Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Melby Ranch Properties ("Melby") is located in Costilla County, Colorado, Sec. 34, T2N, R72W, 6th P.M. :?. In response to a complaint received May 25, 1999, the Division inspected the Melby property for a possible violation of Section 34-32.5-1090), C.R.S., conducting a mining operation without a permit. The Division inspected the site on June 17, 1999. 3. As a result of the inspection, the Division determined that Melby had been operating a pit approximately one acre in size and approximately 25 feet deep. The Division determined that approximately 30,000 cubic yards had been removed from the pit. ~l. Melby explained to the Division during the inspection that the pit had been opened over 25 years ago, and therefore that Melby had believed the pit to be a "pre-law" pit not subject to the reclamation laws. The Division explained that the reclamation laws would not apply only in circumstances where the pit was left undisturbed, but that where, as here, the pit had been recently re-opened and operated the reclamation laws are applicable. S. The Division notified Melby during the inspection that the matter would be scheduled for a hearing before the Board during the July 27-28, 1999 Board hearings. In addition, the Division issued a field Cease and Desist Order to Melby during the inspection. 4. Melby does not have a reclamation permit to conduct the above-described operation. 5. Melby has engaged in a new mining operation without obtainine a reclamation permit in violation of Section 34-32.5-109(1) C.R.S. y 6. The duration of the un-permitted operations is determined to be 4l days, from June 17, 1999, the date the Division inspected the site, to July 28, 1999, the date of the hearing.