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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-016 <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 />OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW <br />OPERATION, File No. M-2005-067 <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 obtain a <br />reclamation permit prior to engaging in a new operation. The file number is M-2005-067. <br />There were no appearances on behalf of Carrizo Stone, LLC (the "Operator"). Jared Ebert <br />appeared on behalf of the Division of Reclamation, Mining 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 permit for a 9.9-acre site located in Section <br />9 Northwest'/4 of the Southeast 1/4, Township 33 South, Range 50 West, 6th Principal <br />Meridian in Baca County. The site is known as Carrizo Stone North and is located <br />approximately 22 miles southwest of Pritchett, Colorado. <br />2. The Division conducted a routine monitoring inspection of the site on June 1, <br />2010. The Division found that the permit boundary was marked with metal posts in a <br />configuration than did not correspond to the currently approved boundary. The Operator has <br />mined and affected acreage outside of the marked permit boundary and the actual approved <br />boundary. The Operator has affected approximately 2.5 acres of land outside the current <br />approved permit boundary. <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 />Carrizo Stone, LLC <br />Carrizo Stone North, M-2005-067 <br />MV-2010-016