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RECEIVED <br />BEFORE THE MINED LAND RECLAMATION BOARD SEP 2 q 2004 <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF SAN JUAN COUNTY ROAD DEPARTMENT'S POSSIBLE <br />NOTICE OF VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION <br />AND CIVIL PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE THE <br />AFFECTED LANDS FROM SLIDES OR DAMAGE DURING MINING OR <br />FECLAMATION, FILE NUMBER M-1990-070 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on July <br />29, 2004, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for failing to protect areas outside the <br />affected lands from slides or damage during mining or reclamation. The file number in this <br />rnatter is M-1990-070. Wally Erickson appeared on behalf of the Division of Minerals and <br />Geology ("Division"). Paul Sunderland and Louis Girodo appeared on behalf of the San <br />auan County Road Department ("Operator") <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator currently possesses an approved Section 110c Reclamation Pernrit fora 3- <br />acre gravel extraction operation at the Eureka Gravel Pit site located in Section 19, <br />Township 42 North, Range 6 West, N.M.P.M., San Juan County, Colorado. <br />2. The Division inspected the site on April 8, 2004 and again on Apri126, 2004 and observed <br />that due to mining activities slope movement had occurred outside the permitted area. <br />Division of Minerals and Geology <br />Mining activities at the base of a steep alluvial fan resulted in slope movement that <br />