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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -015 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY MCATEE CONSTRUCTION <br />CO., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br />ENGAGING IN A NEW OPERATION, File No. M- 1995 -030 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on April 11, 2012 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by McAtee Construction Co. ( "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 M4995 -030. <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. The Operator holds a 110c permit for a 9.9 -acre operation in the SE 14 <br />of Section 33, Township 4 North, Range 57 West of the 6th Principal Meridian, <br />Morgan County, Colorado. The site, known as the Green Bros. Pit No. 2, is located <br />approximately 1 mile north of Fort Morgan, Colorado. <br />2. On February 27, 2012, the Division of Reclamation, Mining and Safety <br />( "Division ") inspected the site. Ron Weingardt accompanied the Division on the <br />inspection. During the inspection, the Division discovered that the Operator had <br />located product stockpiles outside the permit boundary. The product stockpile area <br />was found to be 3.51 acres in size. <br />3. On March 2, 2012, the Division sent a copy of the inspection report to <br />the Operator notifying the Operator that it had failed to obtain a permit prior to <br />engaging in a new operation, and that such violation would require a hearing before <br />the Board on April 11, 2012. <br />4. On March 6, 2012, the Division sent the Operator a Reason to Believe <br />a Violation Exists letter for failure to obtain from the Board or office a reclamation <br />permit prior to engaging in a new operation as required pursuant to section 34 -32.5- <br />