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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF BRAD W. ROWE, THE ROWE MINE SITE, FILE NO. M-99-038, NOTICE <br />OF VIOLATION MV-99-O16, CEASE AND DESIST ORDER, AND ASSESSMENT OF CIVIL <br />PENALTIES <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on May 26, <br />1999, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Boazd makes the following Findings <br />of Fact and Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Boazd conducted a Formal Public Hearing on May 26, 1999, to consider a possible <br />violation of Sections 34-32.5-101 et sec .., C.R.S., for conducting mining operations without obtaining a <br />reclamation permit. <br />2. Brad W. Rowe operates a sand and grave] operation, affecting approximately five acres, <br />in La Plata County, Colorado, Sec. 16, T33N, R12W, N.M.P.M. The pit has been in existence since at <br />least 1974. <br />3. Approximately zero to 3,000 cubic yards of excavated sand and gravel aze sold by <br />Rowe each year. The remainder is used by Rowe on his own property. An estimated total volume of <br />27,000 cubic yards has been removed from the pit. <br />4. Rowe does not have a reclamation permit to conduct the above-described operation. <br />5. Rowe has engaged in a new mining operation without obtaining a reclamation permit in <br />violation of Section 34-32.5-109(1) C.R.S. <br />6. The duration of the un-permitted operations is determined to be 37 days, from Mazch <br />22, 1999, the date the Division inspected the site, to April 28, 1999, the date the matter was originally <br />set for hearing. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that: <br />1. Rowe is hereby found to be IN VIOLATION of Sections 34-32.5-109(1), C.R.S., for <br />conducting mining operations without a permit. <br />2. Rowe shall CEASE AND DESIST from further disturbance, except for reclamation, of <br />the affected area, pending compliance with the corrective action outlined below. <br />