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R~rC~V~I~(~ <br />BEFORE THE MINED LAND RECLAMATION BOARD DEC 0 1 2003 <br />STATE OF COLORADO <br />tlitrisinn M Minc„i~,.,a r~...~__~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <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, HALL-IRWBQ CORPORATION, FILE NUMBER M-2000- <br />144 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 29, 2003, 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 permit prior to engaging in a new mining operation. Jeff Gregg appeazed on <br />behalf of the Hall-Irwin Corporation ("Operator"), the operator of the subject site. Tom <br />Schreiner appeared on behalf 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 />The Operator excavates sand and gravel from a 38-acre site known as the North LaPoudre <br />Pit, located in the NW 1/4 of the NEl/4, Section 19, T6N, R67W, 6`h P.M., Weld County, <br />Colorado. On February 20, 2001, the Division approved a Regular 112 Application for the <br />North LaPoudre Pit, and set the financial wan•anty for the site at $240,000. The Division's <br />approval notice stated in bold print that mining operations could not be commenced until <br />after the Division received financial and performance warranties and a permit had been <br />issued. <br />2. On June 27, 2003, the Division conducted an aerial inspection of the site. The Division <br />also noted that the financial warranty issue had not been resolved. Following the aerial <br />