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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 />IN THE MATTER OF PATRICK CUGNINI, THE CUGNINI PfI' SITE, FILE NO. <br />M-1986-061, NOTICE OF VIOLATION MV-2000-008. CEASE AND DESIST ORDER, <br />CORRECTNE ACTIONS, AND ASSESSMENT OF CIV Q_ PENALTIES <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on <br />February 23, 2000 for a hearing pursuant to Section 34-33.5-124, C.R.S., the Board makes the <br />following Findings of Fact and Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Patrick Cugnini is permitted, under File No. M-1986-061, to conduct a sand and <br />gravel mining opeLation at the Cugnini Pit in La Plata County, Colorado, Sec. 26, T34N, R9W, <br />N.M.P.M. <br />2. The Board conducted a Formal Public Hearing on February 23, 2000 to consider a <br />possible violation of the provisions of the permit and Sections 34-32.5-101 et sec .., C.R.S. <br />The allowable affected land under the permit is 48 acres. <br />4. Based on a site inspection by the Division on January 11, 2000, Cugnini was <br />found to have affected 1.84 acres outside its allowable affected land. <br />Cugnini has taken steps to begin reclamation of the un-permitted area. <br />6. The duration of the un-permitted operations is determined to be 43 days. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that: <br />1. Cugnini is hereby found to be IN VIOLATION of Section 34-32.5-1 I6(4)(i). <br />C.R.S, for causing damage to areas outside the affected land. <br />2. Cugnini shall CEASE AND DESIST from further activities in the un-permiued <br />area, with the exception of activities which will reduce [he reclamation liability. <br />Cugnini shall comply with the following CORRECTIVE ACTION: <br />