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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -038 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF HARDROCK SAND AND GRAVEL, POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br />CIVIL PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS <br />OF A BOARD ORDER, File M- 1977 -443 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on November 9, 2011 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 failing to comply with the conditions of a <br />Board order, file number M- 1977 -443. Dustin Czapla appeared on behalf of the <br />Division of Reclamation, Mining, and Safety ( "Division "). There were no <br />appearances on behalf of Hardrock Sand and Gravel ( "Operator "). <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts, hereby enters the following findings of fact, <br />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 <br />located 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 <br />and providing details regarding the hearing on this matter. <br />4. The Board convened a hearing on December 15, 2010. At the hearing, <br />the Board found the Operator in violation of section 34- 32.5- 109(1),C.R.S. for failing <br />to obtain a reclamation permit prior to engaging in a new mining operation. The <br />Board ordered the Operator to (a) cease and desist all activities at the Moon Pit <br />No. 2, (b) submit, within 180 days of the order, all materials necessary to allow the <br />Division to approve an amendment or conversion application to permit number M- <br />