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ENFORCE28186
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ENFORCE28186
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Entry Properties
Last modified
8/24/2016 7:35:33 PM
Creation date
11/21/2007 11:51:48 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2002059
IBM Index Class Name
Enforcement
Doc Date
9/26/2002
Doc Name
Board Order
From
DMG
To
Moffat County
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE NOTICE OF VIOLATION TO HIGH PLAINS STONE CO., FILE NO. M-2002- <br />084 <br />THIS MATTER came before the Mined Land Reclamation Boazd on September 18, 2002 at Denver, <br />Colorado for hearing on a Notice of V iolation issued by the Division of Minerals and Geology to Respondent <br />High Plains Stone Co. Scott Wagner appeared on behalf of Respondent. James Dillie appeared on behalf of the <br />Division of Minerals and Geology (hereinafter Division). The Boazd, having considered the position of the <br />parties, and having been otherwise fully informed in the.premises, hereby enters the following findings of fact, <br />conclusions of law and order: <br />FINDINGS OF EVIDENTIARY FACT <br />1. The subject of this action is moss rock picking operation involving approximately 7 acres of affected land. <br />The activity in question is occurring in Section 23, T17S, R68W, 6th P.M., Fremont County, Colorado. <br />According to Respondent, the surface of this area is owned by the State of Colorado, but the United States <br />owns the mineral rights. <br />2: On June 26, 2002, the Division received a letter from the United States Bureau of Land Management <br />alleging that Respondent is illegally picking moss rock stones on BLM land. <br />3. The BLM alleges that it authorized Respondent to access moss rock in Sec[ion 15, that Respondent has no <br />authority to extract moss rock in Section 23, and that its activities constitute trespass. The BLM has <br />demanded that Respondent cease this activity. <br />4. On November 21, 1994, the Board issued a Declazatory Order concluding that a reclamation permit was not <br />required for Respondent's proposed moss rock picking activities in Sections 14 and 1~, T17S, R68W, 6`h <br />P.M., Fremont County, Colorado. <br />5. The Division inspected the azea on July 18, 2002. The Division found that Respondent has been extracting <br />moss rock in Section 23. <br />
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