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1 _ <br />• Ill 11111 ll ll 111 111 • <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 THE VIOLATION OF CHESTER BARNARD, BARNARD QUARRY <br />FILE NO. M-1996-079. <br />THIS MATTER came before the Mined Lands Reclamation Boazd on July 26, 2000 at Denver, <br />Colorado for hearing on a notice of violation pursuant to § 34-32.5-124, C.R.S. The Respondent, Chester <br />Barnard, represented himself. The Division was represented by Erica Crosby. The Board, having <br />considered the notice of violation, the testimony and exhibits of the parties, and having been otherwise <br />fully informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCL USIONS OF LAW <br />On June 21, 2000, the Division received a complaint from Don and Diane Johnson, individuals <br />who live near the mine in question, alleging that the operator had thrown rock rubble off the edge <br />of a cl iff at the mine, near their home. <br />2. On June 28, 2000, the Division inspected the Barnard Quarry, Permit No. M-96-079. The <br />Division found that Respondent or his employees had pushed or thrown material over a cliff on <br />the west side of [he permit area, [hereby affecting land outside the permit area. <br />3. On June 30, 2000, the Division issued a reason to believe letter that a violation may have <br />occurred and scheduled the matter before the Board. <br />4. Respondent admitted the Division's allegations. He testified that he had instructed employees at <br />the mine to not throw material off the cliff, but they did so despite that direction. <br />5. tuts. Crosby testified that the operator has begun removing rock and has installed a fence pursuant <br />to the Division's recommended corrective actions. He has also posted signs instructing <br />Respondent's employees no[ to dump rubble over the cliff. Ms. Crosby characterized [he <br />operator as cooperative. <br />