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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 THE CITY OF WALSENBURG AND NOTICE OF VIOLATION NO. <br />MV-2000-021, FILE NO. M-2000-092, REQUEST FOR E}tTENSION OF TIME IN WHICH TO <br />COMPLETE CORRECTIVE ACTIONS <br />THIS MATTER came before the Mined Land Reclamation Board ("the Board") on November 14, 2000, <br />for a hearing to request an extension of time in which to complete the corrective actions ordered in NOV <br />No. 2000-021. Iv1r. Lloyd V. "Buck" Barnhart represented the City of Walsenburg at the hearing. The <br />Board, having considered the request, the testimony and exhibits of the parties, and having been <br />otherwise fully informed in the premises, hereby makes the following Findings of Fact and Conclusions <br />of Law, and enters the followine Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />On September 8, 2000, the Board issued NOV No. 2000-021 ("the NOV") to the City of <br />Walsenburg for mining without a reclamation permit in violation of § 34-32.5-109(1), <br />C.R.S. <br />2. In the NOV, the Board ordered the City of Walsenburg to complete the following <br />corrective actions: <br />• Cease and Desist from any non-reclamation related activity on the site; <br />• Secure a 110 Limited Impact Reclamation Permit by November 22, 2000, or secure a <br />1 12 Reclamation Permit by January 22, 2001; and <br />• Pay a penalty of $227.58 for Division costs within thirty days of the NOV effective date. <br />3. The Board also assessed a civil penalty of $37,000.00 in [he NOV, but suspended that <br />portion of the penalties in order to encourage timely adherence to the above corrective <br />actions. <br />4. The City of Walsenburg has complied with the requirements to cease and desist from <br />non-reclamation activities and to pay the $227.58 Division costs penalty. The City has, <br />however, found it impossible to comply with the deadline for securing a 110 Limited <br />Impact permit. <br />5. On November 1, 2000, the City of Walsenburg requested an extension of the deadline by <br />which to comply with the requirement to obtain a 110 Limited Impact permit. The City <br />indicated in its request [hat 45 days should be sufficient. <br />6. In consideration of the City of Walsenburg's compliance with the other corrective <br />actions required in the NOV, and in consideration of the difficulties inherent in the <br />