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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 COLORADO CITY METROPOLITAN DISTRICT, THE MOUNTAIN <br />SHADOWS GRAVEL P[T, PERMIT NO. M-1979-1~8, NOTICE OF VIOLATION MV-2000-009. <br />CEASE AND DESIST ORDER AND ASSESSMENT OF CNIL PENALTIES <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on <br />March 22, 2000, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Board makes the following <br />Findings of Fact and Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />FINDINGS OF FACT <br />1. Colorado City Mevopolitan District is considered by the Board to be permitted to conduct a sand <br />and gravel mining operation at the Mountain Shadows Gravel Pit in Pueblo Counry, Colorado, Section <br />33, Township 245, Range 67W, 6th Prime Meridian. <br />2. The Board conducted a Formal Public Hearing on Mazch 22, 2000 to consider a possible violation <br />of provisions of the permit and Sections 34-32.5-101 et sec .., C.R.S. <br />3. The allowable affected area under the permit at the time of the possible violation was 9.9 acres. <br />4. Based on a site inspection by the Division on February 3, 2000, Colorado Ciry Mevopolitan <br />District was found to have affected 16.5 acres outside its permitted 9.9 acres. <br />5. Colorado City Mevopolitan District filed an application on January 10, 2000 to convert its present <br />9.9 acres Limited Impact (110) permit to an 81.41 acre Regular permit. The proposed azea to includes the <br />16.5 acres disturbed outside the original boundazies described in Paragraph 4 above. The Division is <br />presently reviewing the application. <br />6. At the time of the Division inspection, Colorado City Metropolitan Disvict had affected <br />"substantial acreage beyond the approved permit boundary" in violation of Section 34-32.5-123(2) C.R.S., <br />and therefore conducted mining operations without a permit in violation of that provision. <br />The duration of the unpermitted operations is determined to be 48 days. <br />8. The Board finds that Colorado City Metropolitan District has acted in good faith by filing the <br />conversion application to bring the Mountain Shadows Pit into compliance. <br />