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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-041 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF MOFFAT COUNTY'S POSSIBLE VIOLATION, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL PENALTIES FOR FAILING TO <br />PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR <br />DAMAGE, File No. M-2005-006 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 9, 2009 in Denver, Colorado for a hearing to consider a possible violation, Cease <br />and Desist Order, corrective actions and civil penalties for failing to protect areas outside of <br />the affected land from slides or damage occurring during the mining operation and <br />reclamation. The file number is M-2005-006. Marvin Moore and Bill Mack appeared on <br />behalf of Moffat County ("Operator"). Russ Means appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a Section 112c permit for this 15-acre gravel operation <br />located in Section 25, Township 11 North, Range 97 West, 6t'' Principal Meridian, in Moffat <br />County, Colorado, permit number M-2005-006. The site is known as the Powder Wash #66 <br />Pit. <br />2. In September 2009, the Operator contacted the Division and self reported a <br />possible issue with an access road into the site. <br />3. On October 20, 2009 the Division inspected the site and found that the access <br />road construction varies from the road described by the site's approved reclamation plan. <br />The approved road's path is angled into the site along and within the permit boundary off of <br />County Road 66. The access road as constructed comes in at a right angle off County Road <br />66 across unpermitted ground. The improperly located access road disturbed .07 acres of <br />land not within the permit area. <br />Moffat County <br />Powder Wash #66 Pit, M-2005-006 <br />MV-2009-041