2014-06-11_ENFORCEMENT - M2009053

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Violation No. MV- 2014 -008 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY ROBINS CONSTRUCTION, LLLP, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES, File No. M- 2009 -053 THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on May 21, 2014 in Denver, Colorado as a consent agenda item to consider the possible violation by Robins Construction, LLLP ( "Operator "), cease and desist order, corrective actions, and civil penalties for failing to obtain a reclamation permit prior to engaging in a new operation, permit number M- 2009 -053. The Board, being fully informed of the facts in the matter, hereby enters the following: FINDINGS OF FACT 1. The Operator holds a 110(c) permit for a 9.7 -acre basalt rock extraction operation located in Section 15, Township 33 North, Range 8 East, N.M.P.M., Conejos County, Colorado, permit number M -2009 -053. The site is known as the Robins Rock Pit. 2. On November 20, 2013, the Division inspected the site. The Division found, among other things, that the Operator affected approximately four acres beyond the permit boundary. The Division found that the offsite disturbance includes processing and stockpiling of mined materials, the construction of an access road, and the backfilling of an irrigation pond. 3. On April 3, 2014, the Division mailed the Operator the inspection report. 4. On April 16, 2014, the Division sent the Operator a Reason to Believe a Violation Exists letter. The Division's letter provided notice regarding the alleged violations and information about the May 2014 hearing. 5. The Operator does not possess a reclamation permit for the approximately four acres of affected land beyond the permit area. 6. On or about May 1, 2014, the Operator admitted the violation in writing and agreed to the Division's recommendations.