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<br />BEFORE THE MINED LAND R=CLAi`~IAT1ON BOARD <br />STATE OF COLORADO <br />FINDL'~GS OF FACT, CONCLUSIONS OF LAW. AND ORDER <br />LN THE MATTER OF NEIL .ANU JUDY SPRAGUE. ARKL~~S PARK STONE CORP., PERMIT N0. <br />M-81-057, NOTICE OF VIOLATION blV-99.003, CEASE AND DES]ST ORDER. AND ASSESSMENT <br />OF CN1L PENALTIES <br />THIS It4.4TTER having come before the Mined Land Reclamation Board ("the Board") on February 2A, <br />1999, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Board makes the following Findings of Fact <br />and Conclusions of Law, and enters [he following Order: <br />FWDINGS OF FACT AND CONCLUSIONS OF LA W <br />1. Arkins Park Stone Corp. (".4r}:ins'") 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 Pu61ic 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 zt seg„ C.R.S. <br />3. In response to the receipt of two complaint letters, the Division of Minerals and Geology <br />inspected the Arkins operation in 1`(ovember 1998 and January 1999 and determined that the company had <br />affected a total of approxima[ely 0.53 acres outside the affected area pemtitted 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 ]and 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 [he date of the inspection to <br />February 24, 1999. <br />On February 2~, 1999, Arkins filed a 112 Construction Materials Reclamation Conversion <br />Application. <br />ORDER <br />Based on the above Findings of fact and conclusions of law, the Board ORDERS that: <br />1. Arkins is hereby found to be L^i VIOLATION of Section 3-1-32.5-I 16(4)(ij, C.R.S for <br />failing to protect areas outside the affected area provided t"or in Permit No. 1,9-5 I-057. <br />3. Arkins shal{ CEASE AND DESIST from Further disturbance of ;round outside the currently <br />permitted area, Leith the exception of any reclamation activities, until Arkins has complied A ith thr <br />corrective :,coon below. <br />3. Arkins shall comply with Litz fo:'~~.ir~; C'iI:RECTIVE r.CTI:;\. <br />Pose an addnionJ bond ut the ;,noant of .'.u0.00, and <br />