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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-021 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF JAMES L. TREAT'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-1980-041 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />August 11, 2010 in Denver, Colorado as a consent agenda item to consider a possible <br />violation, 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-1980-041. <br />There were no appearances on behalf of James L. Treat (the "Operator"). Peter Hays <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 9.8-acre site located in Section <br />8 Southwest 1/4 of the Northwest 1/4, Township 49 North, Range 9 East, 100, Principal <br />Meridian in Chaffee County, Colorado. The site is known as the Rock Gulch Gravel Pit and <br />is located approximately one mile south of Salida, Colorado. <br />2. On April 29, 2010, the site was surveyed at the request of Mr. Walt Harder, <br />who has a contract with the Operator to purchase the site. On May 7, 2010, Mr. Harder <br />informed the Division that the site had been mined outside of the permit boundaries. <br />3. On June 18, 2010, the Division inspected the site. The Division surveyed the <br />site using a Trimble Geo XT GPS device. The site is approved for 9.8 acres of disturbance. <br />The Division found 7.4 acres of affected area. However, the Division estimates that 4.2 <br />acres of the affected area are located outside of the permit boundary. <br />4. On June 24, 2010, the Division sent the Operator a Reason to Believe a <br />Possible Violation Exists letter and a copy of the June 18, 2010 Inspection Report. The <br />Division's letter provided notice regarding the alleged violations and information about the <br />August 11, 2010 Hearing. <br />James L. Treat <br />Rock Gulch Gravel Pit, M-1980-041 <br />MV-2010-021