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<br />-~- <br /> <br />8. Pals has removed and sold moss rock from the DMR site as recently as November <br />of 1999. <br />9. Originally, Pals had a special use permit from Clear Creek County to construct a <br />staging area to be used for road construction on the site. The special use permit expired in May <br />of 1999, and has not been renewed. As such, Pals is not currently permitted by the county for <br />road or staging area construction. <br />10. Evidence in the record, as well as Pals' testimony, indicates that the primary intent <br />at this time is the extraction and sale of moss rock, not the building of a staging area or road as <br />originally stated in the September l0, 1998 letter from L.F. Brown & Associates, Inc. <br />11. The Board finds that Pals is conducting a moss rock operation that causes <br />significant ground surface disturbance. Such operation is not exempt from the requirements of <br />obtaining a reclamation permit. <br />12. Pals' activities constitute mining without a permit in violation of Section 34-32.5- <br />109(1), C.R.S. <br />13. The duration of the un-permitted operation is determined to be 33 days. <br />ORDER <br />Based on the above Findings of fact and conclusions of law, the Board ORDERS that: <br />1. Pals is hereby found to be IN VIOLATION of Sections 34-32.5-109(1), C.R.S <br />for conducting mining operations without a peanit. <br />2. Pals shall CEASE AND DESIST from further disturbance of the azea, except for <br />activities related to reclamation. <br />Pals shall comply with the following CORRECTIVE ACTIONS: <br />• File a completed Construction Material 110 or 112 permit application by February 19, <br />2000, <br />-3- <br />• Secure a Construction Material 110 permit within 30 days of filing the application; or <br />secure a Construction Material 112 permit within 90 days of filing the application if <br />no objections aze received, or within 120 days of filing the application if objections <br />aze received, and <br />