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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER [N THE MATTER OF HARD ROCK PAVING AND REDI-MIX. INC.. PERMIT NO. M-77-197, NOTICE OF VIOLATION MV-99-007, CEASE AND DESIST ORDER, AND ASSESSIv1ENT OF CIVIL PENALTIES THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on March 24, 1999, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Board makes the following Findings of Fact and Conclusions of Law, and enters the following Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Hard Rock Paving and Redi-Mix, Inc. ("permi[tee'") is permitted to conduct a sand and gravel mining operation in Chaffee County, Colorado pursuant to Permit No. M-77-197. 2. The Board conducted a Formal Public Hearing on March 24, 1999, to consider a possible violation of the provisions of Permit No. M-77-197 and Sections 34-32.5-101 et sec .., C.R.S. 3. The allowable affected area under Permit No. M-77-197 is 9.2 acres. 4. The Division of Minerals and Geology ("Division") received a site map from the permittee on January 19, 1999, indicating an affected area at the site in excess of 22 acres. 5. As a result of an inspection of the site by the Division on February 3, 1999, the permittee was found to have affected over 22 acres. Therefore the permittee has affected approximately 13 acres outside the allowable affected area under Permit No. M-77-197. 6. The permittee has affected "substantial acreage beyond the approved permit boundary" in violation of Section 34-32.5-123(2) C.R.S., and therefore has conducted mining operations without a permit in violation of that provision. 7. The duration of the un-permitted operations is determined to be 64 days, from January 19, 1999, the date the Division received the permittee's site map, to March 24, 1999, the date of the hearing on the matter. ORDER Based on the above findings of fact and conclusions of law, the Board ORDERS that: I. Hard Rock Paving and Redi-Mix, Inc., is hereby found to be IN VIOLATION of Section 34-32.5-123(2), C.R.S. by conducting mining operations without a permit.