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/~p~r~ ~,~del~ RECEIVED <br />~ L R a ~~- auc 2 2 zoos <br />BEFORE THE MINED LAND RECLAMATION BOARD Division of Reclamation, <br />STATE OF COLORADO Mining and Safety <br />es~ ~6rn srr1P. <br />-~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF PELINO, INC.'S POSSIBLE NOTICE OF VIOLATION, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR MINING <br />WITHOUT A PERMIT, FILE NUMBER M-1984-043/ ~ `/_ 2DOra - O~~ <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on July <br />12, 2006, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for mining without a permit. The file <br />number in this matter is M-1984-043. Scott Pelino appeazed on behalf of Pelino, Inc. <br />("Operator"). Erica Crosby appeazed on behalf of the Division of Minerals and Geology <br />("Division"). <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 appears to have conducted unpermitted mining operations on a site located in <br />Section 33, Township 14 South, Range 78 West, 6`h Prime Meridian, in Chaffee County, <br />Colorado. The Operator currently holds a Section 110 Reclamation Permit for the site. <br />The site has an approved acreage of 9.8 acres and is known as the Jesse Lee Pit. <br />2. In response to a written complaint dated March 30, 2006, the Division inspected the site on <br />May 19, 2006. The Division inspector observed that the Operator had excavated <br />approximately 3.34 acres outside of the approved permit azea. The additional excavated <br />azea included mining, processing, stockpiles and haulage roads. The total disturbed <br />acreage including the approved acreage is 13.14 acres. <br />Pelino MWP <br />M-1984-043 <br />