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~EC~IV~D <br />BEFORE THE MINED LAND RECLAMATION BOARD SEP 2 42004 <br />STATE OF COLORADO <br />DiYision o(Minerai~ end Ceolagy <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDE j <br />IN THE MATTER OF CITY OF GOLDEN'S POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO PROTBCT AREAS OUTSIDE THE AFFECTED LANDS FROM SLIDES <br />OR DAMAGE DURING MINING OR RECLAMATION, FILE NUMBER M-77-534 <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on July <br />28, 2004, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for failing to protect areas outside the <br />affected lands from slides or damage during mining or reclamation. The file number in this <br />matter is M-77-534. Tom Schreiner appeared on behalf of the Division of Minerals and <br />Geology (`'Division"). Maureen Jacoby, Stu Nyland and Dan Hartman appeared on behalf <br />of the City of Golden ("Operator"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law ancf order: <br />The Operator currently possesses an approved Section 112c Reclamation Permit for a <br />13 l .66-acre sand and gravel extraction operation known as the Empire Pit site. The site is <br />located in Section 29, Township 3 South, Range 74 West, 6`h P.M., Clear Creek County, <br />Colorado. <br />In response to an April 1, 2004 communication from the operator concerning a possible <br />violation, the Division inspected the site on April 14, 2004 and confirmed that the Operator <br />had created a disturbance of approximately 0.96 acres consisting of stockpiled material <br />outside the permitted azea. <br />