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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER IN THE MATTER OF WESTERN MOBILE NORTHERN, INC. (LAFARGE CORP.), THE BAYFIELD PIT #l SITE, FII.E NO. M-1987-038, NOTICE OF VIOLATION MV-2000-007, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND ASSESSMENT OF CIVIL PENALTIES THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on Febtvary 23, 2000 for a heazing 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. Western Mobile Northern, Inc. ("Western Mobile"), is permitted, under File No. M-1987-038, to conduct a sand and gravel mining operation at the Bayfield Pi[ #1 in La Plata County, Colorado, Sec. 14, T34N, R7W, N.M.P.M. Western Mobile is affiliated with the Lafarge Corp., and was represented at the formal hearing by Matt Carnahan. 2. The Boazd conducted a Formal Public Hearing on February 23, 2000 to consider a possible violation of the provisions of the permit and Sections 34-32.5-101 et sec .., C.R.S. 3. The allowable affected land under the permit is 64 acres. 4. Based on a site inspection by the Division on January 11, 2000, Western Mobile was found to have affected 1.2 acres outside its allowable affected land. 5. Western Mobile has taken steps to begin reclamation of the un-permitted area. The duration of the un-permitted operations is determined to be 43 days. ORDER Based on the above findings of fact and conclusions of law, the Board ORDERS that: 1. Western Mobile is hereby found to be IN VIOLATION of Section 34-32.5- 1 l6(4)(i), C.R.S, for causing damage to areas outside the affected land. 2. Western Mobile shall CEASE AND DESIST from further activities in the un- permitted area, with the exception of activities which will reduce the reclamation liability.