ENFORCE28850

• Permit No: M1981277
• IBM Index Class Name: Enforcement
• Doc Date: 9/7/1999
• Doc Name: MLRB ORDER PN M-81-277
• From: DMG
• To: LOUKONEN BROS STONE
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
IN THE MATTER OF LOUKONEN BROS. STONE, FILE NO. M-81-277, CONSIDERATION
OF A REQUEST TO EXTEND COMPLIANCE DATES OF NOTICE OF VIOLATION NO.
MV-99-013
THIS MATTER having come before the Mined Land Reclamation Board ("the Boazd") on
August 25, 1999, for a hearing, 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. The Boazd issued Notice of Violation ("NOV") No. MV-99-013 to Loukonen
Bros. Stone ("Loukonen'") on May 14, 1999, for mining without a permit. The NOV is
incorporated by reference herein.
2. As part of the corrective action required by the NOV, Loukonen was ordered to
secure a l 12 permit by August 19, 1999 if no objections were received, and by September 20,
1999, if objections were received.
3. As part of the Division's 112 application requirements, Loukonen was required to
submit map information that had to be obtained by a surveyor. Because of the demand on
surveyor services during the summer construction season, Loukonen was unsuccessful in getting
the information he needed in time to submit it to the Division so as to timely comply with the
corrective action set out in the NOV.
4. At the August 25, 1999 Boazd hearings, Loukonen petitioned the Board for an
extension of compliance dates noted in Paragraph 2 above for the reason stated in Paragraph 3
above.
5. The Division recommended to the Boazd that in order to help Loukonen comply
with the NOV in the face of the delays encountered with the surveyor, the August l9 compliance
dates could be extended 6-8 weeks.
6. The Board finds that, despite good faith efforts, Loukonen was unable to comply
with the original August 19, 1999 compliance date contained in the NOV due to circumstances
beyond its control, and therefore that a compliance date extension is warranted in order for
Loukonen to comply with the NOV.