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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV-2010-035 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY HARDROCK SAND AND <br />GRAVEL, CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL <br />PENALTIES FOR MINING WITHOUT A RECLAMATION PERMIT, <br />FILE NO. M-1977-443 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 15, 2010 in Denver, Colorado for a hearing to consider the possible <br />violation by Hardrock Sand and Gravel ("Operator"), cease and desist order, <br />corrective actions and civil penalties for mining without a permit, file number M- <br />1977-443. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining <br />and Safety ("Division"). There were no appearances on behalf of the Operator. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following <br />findings of fact, conclusions of law and order: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a five-acre sand and gravel <br />operation. This site, Moon Pit No. 2, is located in Section 24, Township 7 North, <br />Range 93 West, 6th Principal Meridian, Moffat County, Colorado. The site is located <br />approximately twelve miles west of Craig, Colorado. <br />2. On November 9, 2010, the Division inspected the Moon Pit No. 2 site. <br />The inspector observed that the Operator disturbed land outside the permitted area. <br />3. The Division mailed a Reason to Believe a Violation Exists letter to the <br />Operator on November 10, 2010, informing the Operator of the possible violation and <br />providing details regarding the hearing on this matter. <br />4. The Operator admits the violation asserted by the Division, agrees to <br />the proposed corrective action, and agrees to the civil penalty. <br />CONCLUSIONS OF LAW <br />5. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5-104 through 107, and 124 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2010).