ENFORCE30619

• Permit No: M1981277
• IBM Index Class Name: Enforcement
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW & ORDER
• Media Type: D
• Archive: No

- ` ~ • iii iiiiiiiiiiiii iii
999
BEFORE THE MINED LAND RECLAi~1ATlON BOARD
STATE OF COLORADO
FIND(`iGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
I\i THE bIATTER OF LOUKONEN BROTHERS STONE, PERMIT NO. M-81-277, NOTICE
OF VIOLATION MV-99-013, CEASE AND DESIST ORDER. AND ASSESSMENT OF CIVQ_
PENALTIES
THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on April
39, 1999, for a hearing pursuant to Section 3-1-32.5-124, C.R.S., the Board makes the following
Findings of Fact and Conclusions of Law, and enters the following Order:
FINDINGS OF FACT PuND CONCLUSIONS OF LA~V
1. Loukonen Brothers Stone ("Loukonen") is permitted to conduct a sandstone
quarrying operation in Boulder County, Colorado, Sec. 6, T3N, R70W, 6th P.M., pursuant to
Permit No. M-81-277 ("permit").
2. The Board conducted a Formal Public Hearing on April 29, 1999, to consider a
possible violation of the provisions of the permit and Sections 34-32.5-1O1 et sec , C.R.S., for
mining without a permit.
The allowable affected area under the permit is 9.9 acres, split between eight
quarries.
4. The Division inspected the site on March 1, 1999, and found that Loukonen had
affected 3.8 acres outside the permitted area.
5. Loukonen has affected "substantial acreage beyond the approved permit
boundary" in violation of Sections 34-32.5-109(1) and 123(2) C.R.S., and therefore has
conducted mining operations without a permit in violation of that provision.
6. The duration of the un-permitted operations is determined to be 59 days, from'
March 1, 1999, the date of the Division's inspection, to April 29, 1999, the date of the hearing on
the matter.
ORDER
Based on the above findings of fact and conclusions of law, the Board ORDERS that:
1. Loukonen is hereby found to be Lei VIOLATION of Sections 3-t-32.5-109(1) and
133(2), C.R.S. by conducting mining operations without a permit.