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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 A POSSIBLE VIOLATION BY HARDROCK SAND AND <br />GRAVEL, PERMIT REVOCATION, AND FORFEITURE OF FINANCIAL <br />WARRANTY, File M- 1977 -443 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on February 8, 2012 in Denver, Colorado for a hearing to consider the possible <br />revocation and forfeiture of the financial warranty of Hardrock Sand and Gravel <br />( "Operator "), file number M- 1977 -443. Steve S. Shuey appeared on behalf of the <br />Division of Reclamation, Mining, and Safety ( "Division "). George Stewart appeared <br />on behalf of the Operator. <br />The Board, having considered the presentation and having been otherwise <br />fully informed of the facts in this matter, hereby enters the following: <br />1. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2010) ( "Act "). <br />2. 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 />3. 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 />4. 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 />5. The Board held a hearing on December 15, 2010, at which the Board <br />found the Operator in violation of section 34- 32.5- 109(1),C.R.S. for failing to obtain <br />a reclamation permit prior to engaging in a new mining operation. The Board <br />ordered the Operator to (a) cease and desist all activities at the Moon Pit No. 2, <br />(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 />1977 -443, addressing the incorporation of all lands affected by the mining operation <br />