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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -023 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF T BONE STONE, INC., NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br />CIVIL PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE <br />AFFECTED LAND, File No. M -2004 -030 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />June 13, 2012 in Denver, Colorado as a consent agenda item to consider a possible <br />violation, cease and desist order, corrective actions, and civil penalties for a failure by <br />T Bone Stone, Inc. ( "Operator ") to protect areas outside of the affected land from <br />slides or damage occurring during the mining operation and reclamation, file number <br />M- 2004 -030. <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 Operator holds a permit for a 9.9 acre 110c sandstone quarry <br />located in Section 6 Northeast Quarter, Township 3 North, Range 70 West, 6th <br />Principal Meridian. The operation, known as the T Bone Stone Quarry, is located in <br />Boulder County, Colorado, permit number M -2004 -030. <br />2. On April 25, 2012 the Division of Reclamation, Mining and Safety <br />( "Division ") conducted an inspection of the T Bone Stone Quarry and found that the <br />Operator affected 0.71 acres outside of the approved permit boundary. <br />3. The Division sent the Operator a copy of the inspection report on May <br />3, 2012. <br />4. On May 8, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter which provided notice regarding the alleged violation and the <br />June 2012 Board meeting. <br />5. The Operator signed a Staff Summary Form for Consent Agenda Items <br />on May 29, 2012 in which the Operator admitted the violation asserted by the <br />Division, and agreed to the proposed corrective action and civil penalty. <br />