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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -024 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BERNARD BUSTER, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO OBTAIN A RECLAMATION PERMIT BEFORE ENGAGING IN A <br />NEW MINING OPERATION, File No. M- 2012 -018 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />July 13, 2012 in Denver, Colorado as a consent agenda item to consider a possible <br />violation by Bernard Buster ( "Operator "), cease and desist order, corrective actions, <br />and civil penalties for failing to obtain a reclamation permit before engaging in a <br />new mining operation, file number M- 2012 -018. <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. On April 25, 2012, the Division of Reclamation, Mining and Safety <br />( "Division ") observed the product storage area associated with the moss rock <br />operation while conducting regular monitoring inspections in the vicinity. The <br />Division did not observe any permit sign or personnel at the site. A review of the <br />Division's records found that a reclamation permit has not been issued for the site. <br />2. On May 15, 2012, the Division inspected the site, located in section 5, <br />Township 3 North, Range 70 West, 6th Principal Meridian. The site, known as the <br />Buster Moss Rock site, is located approximately two miles north of Lyons, Colorado <br />in Boulder County. The landowners, Bernard and Brenda Buster, accompanied the <br />Division on the inspection. <br />3. During the inspection, the Division found that moss rock is being <br />stored at the site. The Division found that the storage area is approximately 375 <br />square feet and contained several pallets of stacked moss rock. The Operator <br />informed the Division that moss rock has been gathered and sold from the site. The <br />majority of the moss rock is small enough to remove by hand; however, the Operator <br />indicated that some larger stones were removed with a forklift. The Division found <br />that in addition to the disturbance created by the storage area, the Operator also <br />created a road, approximately 10 feet wide and 530 feet long, to access the moss <br />