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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-034 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF JAMES AND KATHLEEN H. ROSS, NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES FOR ENGAGING IN A NEW MINING OPERATION WITHOUT FIRST <br />OBTAINING A RECLAMATION PERMIT, File No. M-1990-134 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 17, 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 engaging in a <br />new mining operation without first obtaining a reclamation permit. The file number is M- <br />1990-134. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). There were no appearances on behalf of James and Kathleen Ross <br />("Operators"). <br />The Board, having considered the materials presented with this consent agenda item <br />and having been otherwise fully informed of the facts in the matter, hereby enters the <br />following: <br />FINDINGS OF FACT <br />1. The Operators hold a permit for a 9.5-acre sand and gravel operation, known <br />as the Ross Pit, located in Section 3, Township 6 North, Range 90 West, 6`h Principal <br />Meridian in Moffat County, Colorado. Permit number M-1990-134. <br />2. The Division conducted a routine monitoring inspection of the site on June 7, <br />2010 and found that the Operators had disturbed land outside of the approved permit <br />boundaries. <br />3. On June 29, 2010 the Division mailed a copy of the June 7, 2010 Inspection <br />Report to the Operators. The Report noted that site conditions and maps submitted with <br />annual reports did not match the approved affected area; and the Division requested the <br />Operators submit an updated map showing the current site conditions by August 30, 2010. <br />4. On September 28, 2010 the Division received a map from the Operators <br />showing mining related disturbance outside of the approved permit boundaries. <br />James and Kathleen Ross, Mining Without a Permit <br />Ross Pit, M-1990-134 <br />MV-2010-034