Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2014 -009 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY RIVERSIDE AGGREGATES, <br />LLC, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED <br />LAND FROM SLIDES OR DAMAGE, File No. M- 2010 -080 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board") <br />on May 21, 2014 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Riverside Aggregates, LLC ( "Operator "), cease and desist <br />order, corrective actions, and civil penalties for failing to protect areas outside of <br />the affected land fiom slides or damage, file number M -2010 -080. <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 />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(c) permit for an 9.9 -acre sand and gravel <br />operation located in Section 18, Township 22 South, Range 47 West, 6th Principal <br />Meridian, Prowers County, Colorado, permit number M -2010 -080. The site, located <br />southwest of Wiley, Colorado, is known as the Friederichs Pit. <br />2. On April 04, 2014, the Division of Reclamation, Mining and Safety <br />( "Division ") inspected the site. The Operator and the landowner's son attended the <br />inspection. The Division found, among other things, that the Operator affected <br />approximately 1.5 acres outside the approved permit area. <br />3. On April 14, 2014, the Division sent the Operator a copy of the <br />inspection report and a Reason to Believe a Violation Exists letter. The Division's <br />letter provided notice regarding the alleged violations and information about the <br />May 21, 2014 hearing. <br />4. On May 16, 2014, the Operator admitted the violation and agreed to <br />the Division's recommendations. <br />