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<br />r~ <br />-. Bpr~ <br />~rt IN L~2.-~ t~sp 1 s zonz <br />BEFORE THE MINED LAND RECLAMATION BOARD "'"''~~~0 tr,;; Safe,y <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF MESA ANDSTONE, LLC'S POSSIBLE VIOLATION, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO PROTECT AREAS OUTSIDE THE AFFECTED LANDS FROM <br />DAMAGE, FILE NUMBER M-2006-009 / <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />March 14, 2007 in Denver, Colorado for a hearing to consider a possible violation, cease <br />and desist order, corrective actions and civil penalties for failure to protect areas outside of <br />the affected lands from damage. The file number for this matter is M-2006-009. Doug <br />Conger appeared by telephone on behalf of Mesa Sandstone, LLC ("Operator"). Wally <br />Erickson appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). <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 />1. The Operator extracts sandstone from a 31.74-acre site located in Section 23, Township 36 <br />North, Range 15 West, New Mexico Principal Meridian, Montezuma County, Colorado. <br />The site is referred to as the Hindmarsh Sandstone site. <br />2. The Operator applied for a technical revision to the Operator's permit on November 6, <br />2006. The technical revision application proposed subtracting 5.60 acres from within the <br />existing permitted boundaries and adding on 5.60 acres adjacent to the existing permitted <br />boundaries. The Division rejected the technical revision in a letter dated November 29, <br />2006. As part of the review process for the technical revision request, the Division <br />Mesa Sandstone NOV <br />M-2006-009 <br />