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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 ALLEGED VIOLATION OF LOUKONEN BROTHERS STONE, FILE NO. <br />M-2000-090, MV-2002-020. <br />THIS MATTER came before the Mined Land Reclamation Board on July 24, 2002 at Denver, Colorado <br />For hearing on a notice of alleged violation issued to Loukonen Brothers Stone (hereinafter Respondent), in <br />accordance with § 34-32.5-124, C.R.S. Mike Loukonen appeared on behalf of Respondent. Erica Crosby <br />appeazed on behalf of the Division of Minerals and Geology (hereinafter Division). The Board, having <br />considered the position of the parties, and having been otherwise fully informed in the premises, hereby finds <br />and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter, pursuant to C.R.S. § 34-32-124. <br />2. The subject of this action is a 9.9-acre sandstone mine known as the Lykins Gulch Quarry, Iocated in <br />Section 1, T2N, R71 W, Boulder County, Colorado, <br />3. The Division inspected this pit on June 13, 2002. The inspector found that a portion of the rock waste pile <br />located in the south quarry is outside the permit boundary. The size of the portion in question is <br />approximately fifteen feet by two hundred fifty feet. <br />4. The Division inspector also found that the operator had constructed a staging area outside the permit area <br />to store product from [he Lykins Gulch mining operation and mine equipment on an area approximately <br />one acre in size. <br />5. The Respondent did not contest the inspector's findings. I[ owns the property in question. The <br />Respondent was operating under the assumption that i[ could store mine product and material anywhere on <br />its property. The Respondent used the azea in question because it was fiat and well suited for storage. <br />6. C.R.S. § 34-32.50-103(13) defines mining operations to include the extraction of constmction material <br />from its natural occurrence on affected land. C.R.S. § 34-32.50-103(1) defines "affected land" to include <br />