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?= i • <br />BEFORE THE MINED LAND RECLAMATION BOP.:2D <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS O~ LA\*/, Ai`:) C2DER <br />IN THE MATTER OF PATRICK CUGNIN[, THE CU:uVINI PIT S[TE, F[LE NO. <br />M-1986-061, NOTICE OF VIOLATION MV-2000-OOt;. CEASE AND DESIST ORDER, <br />CORRECTIVE ACTIONS, AND ASSESSMENT OF (_1VII. PENALTIES <br />THIS MATTER having come before the Mined L,.nd R•~~ lamation Board ("the Board") on <br />February 23, 2000 for a hearing pursuant to Section 34-;:!.5-124, C.R.S., the Board makes the <br />following Findings of Pact and Conclusions of Law, an.: m!ers the fo::owin~ Order: <br />FINDINGS OF FACT AND CONt~1.USIONS OF LAW <br />1. Patrick Cugnini is permitted, under File i]o. M-1986-061, to conduct a sand and <br />gravel mining operation at the Cugnini Pit in La Yl:ua C' ~ ~nty, Colorado, Scc. 26, T34N, R9W, <br />N.M.P.M. <br />2. The Board conduct°d a Formal PuLli: He: ring on Febnlary 23, 2000 to consider a <br />possible violation of the provisions of the permit and Sa;~ions 34-32.5-IOl ct sue, C.R.S. <br />3. The allowable affected land under the permit is 48 acres. <br />4. Based on a site inspection by the Division on January 11, 2000, Cugnini was <br />found to have affected 1.84 acres outside its allowable :.fl'ected land. <br />5. Cugnini has taken steps to begin reclanu~~i~n of the tin-permitted area. <br />6. The duration of the an-permitted operatic r s is determined to be 43 days. <br />ORDER <br />Based on the above findings of tuc[ and conclusions of ~w, the Board ORDERS that: <br />1. Cugnini is hereby fo!~nd to L= Lr1 \'ICLE'I :~I`` of 5cctien 3^-32.5-116(4)(:), <br />C.R.S, for causing damage to areas ot~tsidc tLe affected l~ rd. <br />2. Cugnini shall CEASE AND DESIST fro ••[ further activities in the un-permitted <br />area, with the exception of activities which will reduce the reclamation liability. <br />3. Cugnini shall comply with the following ~=ORRECTIVE ACTION: <br />