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Jc r S~ C~r-~~ S rule <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />'~3 ©/~ ~~ o.~oG~~ <br />'9-~vs- <br />~~ <br />/~; <br />IN THE MATTER OF DURAN AND PEARCE CONTRACTOR'S AND HARDROCK <br />SAND AND GRAVEL' S POSSIBLE NOTICE OF VIOLATION, CEASE AND DESIST <br />ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR MINING WITHOUT A <br />PERMIT, FILE NUMBERS M-1990-140 / <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on July <br />13, 2005, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for mining without a permit. The file <br />number in this matter is M-1490-140. Gregg Squire appeared on behalf of the Division of <br />Minerals and Geology ("Division"). Jimmy Duran appeared as the landowner and on behalf <br />of the permittee, Hardrock Sand and Gravel. Mr. Duran and Hard Rock Sand and Gravel are <br />collectively referred to at the "Operator." <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator possess a Section I l Oc permit to extract sand and gravel from a 9.32-acre <br />site located in Section 13, Township 6 North, Range 91 West, 6`h Prime Meridian, Moffat <br />County, Colorado. The site is referred to as the Martin Pit 1 A site. <br />2. The Division inspected the site on Apri121, 2005. The Division inspector observed <br />mining outside of the permitted area, including a portion of a utility right of way that <br />potentially threatened the stability of power line structures. <br />Section 34-32.5-116(4)(1), C.R.S. (2004) of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Act") states that "areas outside of the affected lands <br />