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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -020 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF COOLEY & SONS EXCAVATION, INC., NOTICE OF <br />POSSIBLE VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, <br />AND CIVIL PENALTIES FOR ENGAGING IN A NEW MINING OPERATION <br />WITHOUT FIRST OBTAINING A RECLAMATION PERMIT, File No. M- 2011 -034 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />August 10, 2011 in Denver, Colorado as a consent agenda item to consider a <br />possible violation, Cease and Desist Order, corrective actions, and civil penalties for <br />engaging in a new mining operation without first obtaining a reclamation permit. <br />The file number is M- 2011 -034. G. Russell Means appeared on behalf of the <br />Division of Reclamation, Mining and Safety ( "Division "). There were no <br />appearances on behalf of Cooley & Sons Excavation, Inc. ( "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 />hereby enters the following: <br />FINDINGS OF FACT <br />1. On June 13, 2011, the Division received a written complaint alleging <br />possible illegal mining activity at a location in Center, Colorado. <br />2. The site, known as the Cooley Site, is located in Section 11 Northeast <br />Quarter, Township 40 North, Range 7 East, NM Principal Meridian, 1.5 miles west <br />of Highway 285 in Rio Grande County, Colorado. <br />3. The Division conducted an inspection of the site on June 23, 2011 and <br />found evidence of mining related activities that disturbed one (1) acre of land. <br />4. The Operator did not have a reclamation permit for the site at the time <br />of the inspection. <br />5. On July 1, 2011, the Division mailed a copy of the inspection report to <br />the Operator. The report noted that the disturbance was considered unpermitted <br />mining. On July 5, 2011, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter which provided notice regarding the alleged violation and the <br />August 10, 2011 hearing. <br />