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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2011-001 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION, CEASE AND DESIST ORDER, <br />CORRECTIVE ACTIONS, AND CIVIL PENALTIES AGAINST CHESTER <br />BARNARD FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED <br />LAND FROM SLIDES OR DAMAGE, File No. M-1996-079 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 12, 2011. 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 <br />protect areas outside of the affected land from slides or damage occurring during the <br />mining operation and reclamation. The file number is M-1996-079. Michael <br />Cunningham appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). There were no appearances on behalf of Chester Barnard ("Operator"). <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 110c permit for a 5.6-acre construction <br />materials operation located in Section 1 Northeast 1/ Township 3 North, Range 71 <br />West, 6th Principal Meridian in Boulder County, Colorado. The site, known as the <br />Barnard Quarry, is located north of Lyons, Colorado, permit number M-1996-079. <br />2. On November 16, 2010, the Division conducted an inspection of the <br />operation and found the Operator had affected approximately 1 acre outside of the <br />approved affected land. The Division prepared a written inspection report, dated <br />November 29, 2010. <br />3. On December 6, 2010, the Division sent the Operator a Reason to <br />Believe a Violation Exists letter. The Division's letter provided notice regarding the <br />alleged violations and information about the January 12, 2011 hearing. <br />4. On December 22, 2010 the Operator admitted the violation and agreed <br />to the Division's recommendations.