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<br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No.: CV-2008-002 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER <br />IN THE MATTER OF THE CONSIDERATION OF THE GCC ENERGY, LLC'S <br />REQUEST TO VACATE NOTICE OF VIOLATION CV-2008-002 ISSUED FOR <br />FAILURE TO UPDATE MINE PLAN AND MAPS AND CONSIDERATION OF CIVIL <br />PENALTY, FILE NO.: C-1981-035 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 11, 2009, in Denver, Colorado for a hearing to consider GCC Energy, LLC's <br />("Permittee") request to vacate a notice of violation, CV-2008-002, issued for failure to <br />update mine plan and maps and consideration of a civil penalty. The file number is C-1981- <br />035. Michael Savage and Tom Bird appeared on behalf of GCC Energy, LLC. Dan <br />Hernandez and Tom Kaldenbach appeared on behalf of the Division of Reclamation, Mining <br />and Safety ("Division"). Peter Hack, Assistant Attorney General was also present on behalf <br />of the Division. <br />The Board, having considered the Division's and the Permittee's presentations and <br />having been otherwise fully informed of the facts in the matter, hereby enters the following <br />findings of fact, conclusions of law and Board Order: <br />FINDINGS OF FACT <br />1. The Permittee has a Division issued permit for room-and-pillar underground <br />coal mines on property located at Section 32, Township 35 North, Range 11 West of the New <br />Mexico Principal Meridian. The site is approximately 2,812 acres and located four miles <br />southwest of Hesperus and 12 miles southwest of Durango, in La Plata County, Colorado. <br />The site is known as the King I and II mines. The permit-number-is-C-19&1-03.5-for-both-- <br />mines. The King I mine began operation in 1941. <br />2. On June 17, 2008, the Division conducted an inspection of the King I and II <br />mines. During the inspection the Permittee showed the inspector a map of the actual <br />underground workings indicating that underground mining probably had advanced beyond <br />the previously mapped areal extent of workings and the approved mine plan map was out of <br />date. A notice of violation was not issued during the inspection. <br />GCC Energy, LLC <br />King I and II Mines <br />C-1981-035 <br />CV-2008-002