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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation MV- 2012 -015 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF MCATEE CONSTRUCTION CO.'S REQUEST FOR A <br />DEADLINE EXTENSION, File No. M- 1995 -030 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />August 9, 2012 in Denver, Colorado as a consent agenda item to consider a request <br />by McAtee Construction Co. ( "Operator ") for an extension of time to complete the <br />Board ordered corrective actions for MV -2012 -015, file number M -1995 -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 />hereby enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 9.9 -acre operation in the SE 1/4 <br />of Section 33, Township 4 North, Range 57 West of the 6th Principal Meridian, in <br />Morgan County, Colorado. The site, known as the Green Brother Pit No. 2, is <br />located approximately one mile north of Fort Morgan, Colorado. <br />2. The Board originally heard this matter at its April 11, 2012 meeting. <br />The Board found the Operator in violation of section 34- 32.5- 109(1), C.R.S. for <br />failing to obtain a reclamation permit prior to engaging in a new operation. (MV- <br />2012 -015). <br />3. On May 1, 2012, the board issued an order which required the <br />Operator to provide all materials necessary for a 112c conversion application to <br />secure a reclamation permit for all areas affected by the mining operation and to <br />submit such conversion application with all materials in an approvable form within <br />90 days of the effective date of the Order. <br />4. On July 25, 2012, the Operator submitted a request for an extension of <br />the Board ordered deadline for complying with the corrective action. The extension <br />request was received prior to the original deadline of July 30, 2012. The Operator <br />requested an extension to September 14, 2012. <br />5. The Division recommends the Board approve the Operator's request to <br />extend the corrective action due date to September 14, 2012. <br />