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!- ?-off <br />J e- <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No.: AA v - a 06$ -- C) H <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER <br />IN THE MATTER OF MULLETT EXCAVATING, LLC'S POSSIBLE VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND, File No. M- <br />2000-115 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 10, 2008, in Denver, Colorado for a hearing to consider a possible permit <br />violation, cease and desist order, corrective actions and civil penalties for failure to protect <br />areas outside of the affected land from slides or damages occurring during the mining <br />operation and reclamation. The file number is M-2000-115. Mr. Jared Ebert appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). Mr. Myron Mullett <br />appeared on behalf of Mullett Excavating, LLC ("Operator"). <br />The Board, having considered the Division's presentation and the Operator's <br />presentation and having been otherwise fully informed of the facts in the matter, hereby <br />enters the following findings of fact, conclusions of law and Board Order: <br />FINDINGS OF FACT <br />1. The Operator possesses a Section 112c Reclamation Permit that authorizes the <br />Operator to extract sand and gravel from a 13 acre site. The site is located about five and <br />half miles west of Simpson Cemetery, near the town of Tyrone, in Las Animas County, <br />Colorado. <br />2. Mr. Ebert conducted an inspection of the site on October 6th , 2008. Mr. Ebert <br />observed that a .25 acre road has been constructed leading into the mine site that is not within <br />the current approved permit boundary. This appears as a new main entrance road into the <br />site. The original entrance road still exists but appears as though it has not been used for a <br />long time. <br />3. Mr. Ebert attempted to find the permit boundary markers, but was only able to <br />find two survey posts that appear to delineate the eastern boundary line. Mr. Ebert used a <br />Trimble GeoXT Global Positioning Unit and the permit area dimensions from the current <br />approved mine plan map to map and measure the affected area. Mr. Ebert testified that if the <br />eastern boundary markers that were found were true boundary markers, then it appears that <br />there is a disturbance slightly outside of the eastern permit boundary by .23 acres. <br />Mullett Excavating Pit <br />M-2000-115