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<br />BEFORE THE MINED LAND RECLAMATION B0.4RD <br />STATE OF COLORADO <br />FLDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF SOUTHWAY CONSTRUCTION CO., STAGE STOP P(~, PERMIT <br />NO. M-84-O2~, NOTICE OF VIOLATION MV-99-O1 1, CEASE AND DESIST RDER..4ND <br />ASSESSMENT OF C[VII. PENALTIES <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Bard") on April <br />28, 1999, 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 [he following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Southway Construction Co. ("SCC") is permitted to conduct a san and gravel <br />mining operation in Saguache County, Colorado, Sec. 20, T45N, R6E, N.M.P.M. pursuant to <br />Permit No. M-84-025. <br />2. The Board conducted a Formal Public Hearing on April 28, 1999,~o consider a <br />possible violation of the provisions of Permit No. M-84-025 and Sections 34-32. -101 et sew., <br />C.R.S. <br />3. The allowable affected azea under Permit No. M-84-025 is 9.47 <br />4. The Division inspected the site on March 17, 1999, and found thaQ SCC had <br />affected an estimated ten (l0) acres outside the permitted area. <br />5. SCC has affected "substantial acreage beyond the approved permi boundary" in <br />violation of Section 34-32.5-123(2) C.R.S., and therefore has conducted mining perations <br />without a permit in violation of that provision. <br />6. The duration of the un-permitted operations is determined to be 4 days, from <br />March 17, 1999, the inspection date, to April 28, 1999, the date of the hearing in this matter. " <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS~thar. <br />1. SCC is hereby found to be IN VIOLATION of Section 34-32.5-13(2), C.R.S. by <br />conducting mining operations without a permit. <br />