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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -021 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY COLORADO MOSS ROCK, <br />INC., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED <br />LAND FROM SLIDES OR DAMAGE, File No. M- 2011 -039 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on September 14, 2011 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Colorado Moss Rock, Inc. ( "Operator "), cease and desist order, <br />corrective actions, and civil penalties for failing to obtain a reclamation permit <br />before engaging in a new mining operation, file number M- 2011 -039. There were <br />no appearances on behalf of the Operator. Jared Ebert appeared on behalf of the <br />Division of Reclamation, Mining and Safety ( "Division "). <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. On July 7, 2011, the Division received an anonymous complaint. <br />2. On July 26, 2011, the Division inspected a possible illegal mining <br />operation located in section 35, Township 24 South, Range 68 West, 6th Principal <br />Meridian. The site is located off an unmarked road just west of Rye Mountain Park, <br />approximately 1.6 miles west of Rye, Colorado in Pueblo County. The site consists <br />of a 0.6 -acre storage yard. The owner of the Operator, Kim Barickman, Don <br />Banner, and Jason Chambers accompanied the Division on the inspection. <br />3. During the inspection, the Division found that stone and rock is being <br />excavated while creating various roads, trails, and a home site. The material <br />removed for the operation is being stored at the site and is being sold. The Operator <br />does not possess a valid reclamation permit. <br />4. On August 12, 2011, the Division sent the Operator a Reason to <br />Believe a Violation Exists letter and the July 26, 2011 inspection report. The <br />Division's letter provided notice regarding the alleged violations and information <br />about the September 14, 2011 hearing. <br />