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/~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FQdDWGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF NEIL AND JUDY SPRAGUE, ARKINS PARK STONE CORP., PERMIT NO. <br />M-81-057, NOTICE OF VIOLA'T'ION MV-99-003, CEASE AND DESIST ORDER, AND ASSESSMENT <br />OF CNIL PENALTIES <br />THIS MATTER having come be Fore the Mined Land Reclamation Board ("the Board") on February 24, <br />1999, For a hearing pursuant to Section 34-32.5-124, C.R.S., [he Board makes the following Findings of Fact <br />and Conclusions of Law, and enn_rs the following Order: <br />FINDLVGS OF FACT AND CONCLUSIONS OF LAW <br />1. Arkins Park Stone Corp. ("Arkins") is permitted to conduct a flagstone quarry mining <br />operation in Boulder County, Colorado pursuant to Permit No. M-81-057. <br />2. The Board conducted a Formal Public Hearing on February 24, 1999, to consider a possible <br />violation of the provisions of Permit No. M-81-057 and Sections 34-32.5-101 et sue, C.R.S. <br />3. In response to tht: receipt of two complaint letters, the Division of Minerals and Geology <br />inspected [he Arkins operation in November 1998 and January 1999 and determined that the company had <br />affected a total of approximately 0.53 acres outside the affected area permitted under Permit No. M-81-057. <br />4. Arkins' disturbance of land outside the permitted area constitutes a failure to protect areas <br />outside the affected land from damage occurring during the mining operation in violation of Section <br />34-32.5-116(4)(1), C.R.S. <br />6. The duration of the violation is determined to be 42 days, from the date of the inspection [o <br />February 24, 1999. <br />Application. <br />On Febmary 24, :1999, Arkins filed a 1 l2 Consttvction Materials Reclamation Conversion <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that: <br />I. Arkins is hereby found to be IN VIOLATION of Section 34-32.5-I 16(4)(1), C.R.S for <br />failing [o protect areas outside the affected area provided for in Permit No. M-81-057. <br />2. Arkins shall CEA.BE AND DESIST from Further disturbance of ground outside the currently <br />permitted area, with the exception of any reclamation activities, until Arkins has complied with the <br />corrective action below. <br />3. Arkins shall comply with the following CORRECTNE ACTION: <br />a. Post an additional band in the amount of $2,500.00, and <br />