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~:1 <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 ALLEGED VIOLATION OF JOHN RICHARD KURTZER AND RITCHEY'S <br />REDI-MIX, FILE NO. M-2002-053, MV-2002-017. <br />THIS MATTER came before the Mined Land Reclamation Boazd on June 26, 2002 at Denver, Colorado <br />for hearing on a notice of alleged violation issued to John Richard Kurtzer and Ritchey's Redi-Mix (hereinafter <br />Respondents), in accordance with § 34-32.5-123, C.R.S. Robert Dee, attorney, and Sonny Ritchey appeared on <br />behalf of Respondent. Gregg Squire appeared on behalf of the Division of Minerals and Geology (hereinafter <br />Division). The Board, having considered the position of the parties, and having been otherwise fully informed <br />in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Boazd has jurisdiction over this matter, pursuant to C.R.S. § 34-32-123. <br />2. The subject of this action is a two-acre sand and gravel mining operation located in Section 34, T7N, <br />R47W, Phillips County, Colorado. <br />3. The Division received a complaint regazding a possible unpermitted mining operation on March 20, 2002. <br />The Division inspected the site in question on April 3Q 2002 and found a gravel pit. The inspector found <br />that the Respondent Kurtzer had started the operation and had used some of the material from the pit on <br />his own property, and that Respondent Ritchey's Redi-Mix had also conducted mining activities at the <br />same site. There is no valid permit for this operation. <br />4. The pit is located in a dry streambed southwest of the intersection of Phillips County Roads 9 and 16. The <br />total disturbance is approximately 2 acres. At the time of the inspection, less than one acre had been <br />mined to a depth of approximately eight feet. One stockpile was present. <br />5. Respondents did not dispute the Division's findings. Respondent Kurtzer intends to apply for a permit for <br />this site. <br />6. C.R.S. § 3432.5-109(1) requires that before engaging in a new operation, an operator shall first obtain a <br />reclamation pernut from the Boazd or of5ce. <br />