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- <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 THE CITY OF WALSENBURG, UNPERMITTED <br />CONSTRUCTION MATERIAL EXTRACTION, FILE NO. M-2000-092, NOV 2000.021 <br />THIS MATTER came before the Mined Lands Reclamation Board on August 24, 2000 at Denver, <br />Colorado for hearing on a notice of violation pursuant to § 34-32.5-124, C.R.S. H.C. Summers, City Finance <br />Director for the City of Walsenburg, appeared on behalf of the Respondent. James C. Stevens appeared on <br />behalf of the Division. The Board, having considered the notice of violation, the testimony and exhibits of the <br />parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: <br />i <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Mr. Stevens testified that on July l8, 2000, the Division inspected the subject site, located in Section 35, <br />T27N, R66W, in Huerfano County, after receiving a complaint about possible unpermitted mining activity. <br />The Division discovered an unpermitted sand and gravel operation affecting approximately .9 acres. <br />2. Upon further investigation, the Division discovered that the City of Walsenburg had been excavating <br />material on its own property for a city utility construction project. The Division could not determine the <br />amount of excavated material. <br />3. Mr. Summers offered no rebutting evidence. He testified that the Respondent was unaware of the need for a <br />permit. He testified that the Respondent wants to take the necessary steps to obtain compliance. <br />4. § 34-32.5-109(1), C.R.S. provides that before engaging in a new operation, an operator shall first obtain <br />from the Board or the Division, a reclamation permit. The Division has demonstrated that Respondent <br />commenced the subject operation without a permit, thereby violating Section 109(1). <br />5. § 34-32.5-124, C.R.S. authorizes the Board to issue a Cease and Desist Order, in the event it determines that <br />any provision of [his article has been violated. 1[ is appropriate to issue such an order. <br />