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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-032 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER <br />IN THE MATTER OF PELINO INC.'S POSSIBLE VIOLATION, CEASE AND DESIST' <br />ORDER, CORRECTIVE ACTIONS AND CIVIL PENALTIES FOR MINING WITHOUT <br />A PERMIT AND FOR FAILING TO COMPLY WITH THE CONDITIONS OF AN <br />ORDER, File No. M-1984-043 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 12, 2009 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 obtain a <br />reclamation permit prior to engaging in a new mining operation and for failing to comply <br />with the conditions of an Order. The file number is M-1984-043. Scott Pelino appeared on <br />behalf of Pelino Inc. ("Operator"). Peter Hays, Steve Shuey, and Assistant Attorney General <br />Peter Hack appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). <br />The hearing on this matter began during the October 7, 2009 Board meeting. After <br />hearing testimony the Board continued the matter until the November meeting. This matter <br />was on the November 2009 Agenda as two separate items, which were consolidated into one <br />item during the meeting. The Board, having considered the parties' presentations and having <br />been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a Section 110c reclamation permit for a 9.8-acre sand and <br />gravel operation known as the Jesse Lee Pit, permit number M-1984-043. The site is located <br />in Section 33, Township 14 North, Range 78 West, 6th Principal Meridian, in Chafee County, <br />Colorado. The site is about three miles south of Buena Vista, Colorado, and sits between US <br />Highway 285 and the Arkansas River. <br />2. The original Section 1 10c permit for the site was issued on July 24, 1984 for. <br />9.8 acres of disturbance. In February 2006 the Division approved a Succession of Operator <br />and Transfer of Reclamation Permit (SO-02) from Kerr & Sons Trucking to Pelino, Inc. The <br />Division conducted an inspection in May 2006 in response to a citizen complaint and noted <br />the Operator was mining outside of the approved boundary. <br />Pelino Inc. <br />Mining Without a Permit and Failure to Comply <br />M-1984-043 <br />MV-2009-032