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! r III IIIIIIIIIIIII III BOARD SECTION - TO BE COMPLETED BY THE BOARD VIOLATION -FINDINGS OF FACT (To be completed by the Board) Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32.5-123, • the Board hereby makes the following Findings of Fact at the March 24, 1999 regularly scheduled Board Meeting: Hard Rock Paving and Redi-Mix, Inc.(Operator) is conducting an segregate extraction operation in the following location: Section 7 & 8 ,Township 49 ,North, Range 9 East, NM P.M. Hard Rock Paving and Redi-Mix, Inc. (Operator) has not obtained a permit for such aeerearate extraction operations, as required by C.R.S. 34-32.5-101 et sec . 3. On March 24, 1999 , the Division of Minerals and Geology presented evidence at the Formal Public Hearing demonstrating that (Cite Staff violation, acres affected, illegal activity conducted.): Hard Rock Paving and Redi-Mix. Inc. was responsible for mining substantial acreage beyond the approved permit boundary for the Main Plant Pit (Permit M-77-197). DURATION OF THE VIOLATION(S) (The staff shall describe if the claimed violation(s) is actively occurring, and jor lrow long. Also describe corrective actions in progress, or completed by the operator.) The Board may determine the duration of the violation by considering any of the following: 1. The date of the inspection that identified the potential violation(s), 2. When the corrective action is completed, 3. When did or will the activity that caused the violation(s) cease, 4. The date the Board ordered corrective actions will be or aze completed, • 5. The date the Board ordered corrective actions begin, 6. Any other relevant evidence. BOARD JUSTIFICATION FOR DURATION (To be completed by the Board) I . The inspection date that identified the potential violation(s) September 10, 1999 . 2. The date the operator completed the corrective action The corrective actions have not been completed. . 3. The date the activity that caused the violation(s) ceased The activity has not ceased. . 4. The date the ordered corrective actions will be or aze completed Vazied, ranging from April 26, 1999 to August 26, 1999. . 5. The date the Board ordered corrective actions shall begin Immediately. . 6. Any other relevant evidence Operator supplied a surveyed map on January 19, 1999 that actually demonstrated that the area disturbed by the extraction operation totaled in excess of 22 acres althoueh the site is pemritted as a 110 operation with an approved permit/affec[ed azea of 9.2 acres. BOARD JUSTIFICATION FOR THE AMOUNT OF THE CIVIL PENALTY AND POSSIBLE SUSPENSIONS. *The Board may suspend portions of a civil penalty if it will assist in furthering the goals of the Act through compliance and reclamation ([o be completed by dte Board). The Board assessed a Civil Penalty of $64,303.44 for 64 days of violation at $1,000.00 per day and suspended • all but $15,303.44 if all corrective actions are met as prescribed. Payment of penalty due August 26, 1999.