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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-017 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF CARRIZO STONE, LLC'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-2006-024 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />July 12, 2010 in Denver, Colorado as a consent agenda item to consider a possible violation, <br />Cease and Desist Order, corrective actions and civil penalties for failing to protect areas <br />outside of the affected land from slides or damage occurring during the mining operation. <br />The file number is M-2006-024. There were no appearances on behalf of Carrizo Stone, <br />LLC ("Operator"). Jared Ebert appeared on behalf of the Division of Reclamation, Mining <br />and Safety (the "Division"). <br />The Board, having considered the materials submitted with this consent agenda item <br />and having been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 110c reclamation permit for a 9.9-acre site <br />located in Section 16 Northwest'/4 of the Southeast 1/4, Township 33 South, Range 50 West, <br />6th Principal Meridian, in Baca County. The site is known as Carrizo Stone South and is <br />located approximately 22 miles south of Pritchett, Colorado. <br />2. The Division conducted a routine monitoring inspection of the site on June 1, <br />2010. The Division noted that the Operator had constructed a processing area outside of the <br />southern permit boundary containing a sandstone saw and a metal storage container used for <br />the operation. The Division estimated the disturbance was about .3 acres. <br />3. On June 11, 2010, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter and a copy of the June 1, 2010 Inspection Report. The Division's <br />letter provided notice regarding the alleged violations and information about the July 12, <br />2010 hearing. <br />4. On June 30, 2010 the Operator admitted the violations and agreed to the <br />Division's proposed corrective actions and penalties. <br />Carrizo Stone, LLC <br />Carrizo Stone South, M-2006-024 <br />MV-2010- 017