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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -018 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF A NOTICE OF POSSIBLE VIOLATION BY MS FOREST, <br />LLC, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A <br />BOARD ORDER, File No. M- 2006 -010 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />October 12, 2011 in Denver, Colorado for a hearing to consider MS Forest LLC's <br />( "Operator ") petition for reconsideration of the Board's order in this matter, file <br />number M- 2006 -010. Jared Ebert appeared on behalf of the Division of Reclamation, <br />Mining and Safety ( "Division "). Scott Canda appeared on behalf of the Operator. <br />The Board, having considered the materials presented and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. The Board heard this matter on February 9, 2011 as a consent agenda <br />and matter. The Board found the Operator in violation of section 34- 32.5- 116(4)(i), <br />C.R.S., for failing to protect areas outside of the affected land from slides or <br />damages occurring during the mining operation. The Board issued an order with <br />these findings, effective February 28, 2011 ( "February 2011 Order "). <br />2. In the February 2011 Order, the Board ordered the Operator to cease <br />and desist activities on all lands outside of the approved boundary until all <br />corrective actions are completed. The February 2011 Order also imposed a civil <br />penalty of $6,200 with all but $100 suspended pending the Operator's timely <br />compliance with the corrective action ordered, payable within 30 days. In the <br />February 2011 Order, the Board further ordered the Operator to complete one of <br />three corrective actions within the specified time period for each option. <br />3. At its August 10, 2011 meeting, the Board considered this matter. <br />There was no appearance on behalf of the Operator at the August 2011 hearing. <br />The Board found that the Operator failed to comply with the February 2011 Order <br />by failing to complete the corrective action. At its August 2011 meeting, the Board <br />(a) affirmed the cease and desist order ordered in the February 2011 Order, and <br />