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-- BOARD SECTION - TO BE COMPLETED BY THE BOARD VIOLATION -FINDINGS OF FACT (To be completed by the Board) Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32.5-123, the Board hereby makes the following Findings of Fac[ at the February 24, 1999 regularly scheduled Boazd Meeting: Monks Construction Co. (Operator) is conducting a sand and gravel operation in the following location: Section 29, Township 9, South, Range 57 West, 6th P.M. 2. Monks Construction Co. (Operator) has not obtained a permit for such construction materials operations, as required by C.R.S. 34-32.5-101 et sec . 3. On February 24, 1999, the Division of Minerals and Geology presented evidence at the Formal Pubic Hearing demonstrating that: Inviolation of C.R.S. 34-32.5-109(1) Monks Construction Company has affected approximately 4 acres of land, conducting a sand and gravel operation without first obtaining a reclamation permit. DURATION OF THE VIOLATION(S) (Tke staff skal! describe if the claimed violation(s) is actively occurring, and for lrow long. Also describe corrective actions in progress, or completed by tl~e operator.) The mining activity has affected 4 acres. The Division issued a Cease and Desist Order with the December 12, 1998 inspection report. Monks Construction Company acknowledged the Cease and Desist Order. Monks Construction Company posted an interim Reclamation Bond of $6,000.00. The Division accepted it January 20, 1999. Monks Construction Co. filed a 1 1 Oc permit application for this site on February 17, 1999. The Board may determine the duration of the violation by considering any of the following: 1. The date of the inspection that identified the potential violation(s), 2. When the corrective action is completed. 3. When did or will the activity that caused the violation(s) cease, 4. The date the Board ordered corrective actions will be or are completed, 5. The date the Board ordered corrective actions begin, 6. Any other relevant evidence. BOARD JUSTIFICATION FOR DURATION (To be completed by the Board) 1. The inspection date that identified the potential violation(s) December 12, 1998 2. The date the operator completed the corrective action 3. The date the activity that caused the violation(s) ceased 4. The date the ordered corrective actions will be or aze completed 5. The date the Board ordered corrective actions shall begin 6. Any outer relevant evidence the date the Hearing was orieinally scheduled for and continued from January 25, 1999.