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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV- 2013027 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY THE WALSENBURG SAND <br />AND GRAVEL COMPANY, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br />FOR MINING WITHOUT A RECLAMATION PERMIT, FILENO. M -2009 -027 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 18, 2013 in Denver, Colorado as a consent agenda item to consider the <br />possible violation by The Walsenburg Sand and Gravel Company ( "Operator "), cease <br />and desist order, corrective actions and civil penalties for mining without a permit, <br />file number M- 2009 -027. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. On June 20, 2013, the Division of Reclamation, Mining and Safety <br />( "Division ") conducted a normal monitoring inspection of the WSG - Hribar Pit, <br />located in Section 35, Township 26 South, Range 67 West, 6th Principal Meridian, <br />Huerfano County; Colorado. The WSG- Hribar Pit is a 9.99 -acre sand and gravel <br />project. During the June 20, 2013 inspection, the inspector observed multiple <br />stockpiles of product along the northern edge of the permit boundary. The Division <br />cited as a problem incorrect placement of boundary markers. <br />2. On July 19, 2013, the Division conducted a follow -up inspection of the <br />site to verify the location of the boundary markers. Gary Vezzani, representing the <br />Operator, attended the inspection. The Division confirmed that the field boundaries <br />contain 16.5 acres and that the Operator affected approximately 14.5 acres. Based <br />on its observations, the Division concluded that the boundary markers are <br />incorrectly placed. <br />3. On August 16, 2013, the Division mailed a Notice of a Reason to <br />Believe a Violation Exists letter and the July 19, 2013 inspection report to the <br />Operator, informing it of the possible violation and providing details regarding a <br />hearing on this matter scheduled for September 18, 2013. <br />4. On September 16, 2013, the Operator admitted the violation and <br />agreed to the Division's recommendations. <br />