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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER 1N THE Iv1ATTER OF COLORADO CITY METROPOLITAN DISTRICT, THE MOUNTAIN SHADOWS GRAVEL PIT, PERMIT NO. M-1979-158, NOTICE OF VIOLATION MV-2000-009, CEASE AND DESIST ORDER AND ASSESSMENT OF CIVIL PENALTIES THIS MATTER, came before the Mined Land Reclamation Board on hiay 24, 2000 on [he Division's motion to modify the Board's order entered April 11, 2000, establishing a June 20, 2000 deadline by which Colorado City Metropolitan District would obtain approval of [he pending 110 Limited impact to 1 l2 Regular Permit conversion application. The Board, having considered the Division's motion, having heard no objection from the applicant, and having been otherwise fully advised in the premises, ORDERS that the Colorado City Metropolitan District shall obtain approval of the pending 110 Limited Impact to 112 Regular Permit conversion application by July 27, 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Colorado Ciry Metropolitan District is considered by the Board to be permitted to conduct a sand and gravel mining operation at the Mountain Shadows Gravel Pit in Pueblo County, Colorado, Section 33, Township 245, Range 67W, 6th Prime Meridian. 2. The Board conducted a Formal Public Hearing on March 22, 2000 to consider a possible violation of provisions of the permit and Sections 34-32.5-101 et seg, C.R.S. 3. The allowable affected area under the permit at the time of the possible vio]ation was 9.9 acres. 4. Based on a site inspection by [he Division on February 3, 2000, Colorado City Metropolitan District was found [o have affected 16.5 acres outside its permitted 9.9 acres. 5. Colorado City Metropolitan District filed an application on January ]0, 2000 to convert its present 9.9 acres Limited Impact (110) permit to an 81.41 acre Regular permit. The proposed area to includes the 16.5 acres disturbed outside the original boundaries described in Paragraph 4 above. The Division is presently reviewing the application. 6. At the time of the Division inspection, Colorado City Metropolitan District had affected "substantial acreage beyond the approved permit boundary" in violation of Section 34-32.5-123(2) C.R.S., and therefore conducted mining operations without a permit in violation of that provision. The duration of the unpermit[ed operations is determined to be 48 days. 8. The Board finds that Colorado City Metropolitan District has acted in good faith by filing the conversion application to bring the Mountain Shadows Pit into compliance.