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i:. <br />R~CEIV~® <br />BEFORE THE MINED LAND RECLAMATION BOARD SEP y 4 ~ <br />STATE OF COLORADO <br />_ Division of Minerals and Geolog <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />PV THE MATTER OF LOWRY CONTRACTORS' POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />MINING WITHOUT A PERMIT, FILE NUMBER M-2004-045 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on July <br />29, 2004, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for mining without a permit. The file <br />number in this matter is M-2004-045. Tony Waldron appeared on behalf of the Division of <br />A~inerals and Geology ("Division"). Ron Jackson appeared on behalf of Lowry Contractors <br />("Operator"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator has been extracting gravel from a disturbed area known as the Tom Smith Pit <br />site. The site is located in Section 29, Township 40 North, Range 4 East, N.M.P.M., Rio <br />Grande County, Colorado. <br />2. In response to a complaint, the Division inspected the site on June 10, 2004. The Division <br />inspector observed that mining was taking place without a permit. The Division inspector <br />observed approximately 3 acres of disturbed ground on which gravel extraction, <br />stockpiling and hauling activities were taking place. <br />3. On June 23, 2004, the Division sent to the Operator a Reason to Believe a Violation Exists <br />letters in which the Division set forth the events described above and the reasons for <br />