2014-07-03_ENFORCEMENT - M1989095

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Violation No. MV-2014-013 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE`'IOLATION BY PHILLIPS COUNTY, CORRECTIVE ACTIONS. AND CIVIL PENALTIES, File No. M-1989-095 THIS MATTER came before the Mined Land Reclamation Board ("Board") on June 18, 2014 in Denver. Colorado as a consent agenda item to consider the possible violation by Phillips County ("Operator"), corrective actions, and civil penalties for failing to obtain a reclamation permit prior to engaging in a new operation, permit number M-1989-095. 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 9.9-acre clay mining operation located in Section 19, Township 6 North, Range 43 West, 6th P.M., Phillips County, Colorado, permit number M-1989-095. The site is known as the Schneller Clay Pit. 2. On April 28, 2014, the Division conducted a normal monitoring inspection of the site. Randy Schafer, representing the Operator, attended the inspection. The Division found, among other things, that boundary markers for the site had been incorrectly placed and that the area within the boundary markers exceeded 9.9 acres. The Division also found that the Operator affected more than two acres beyond the permit boundary. 3. On May 7, 2014, the Division sent the Operator the April 28, 2014 inspection report and a Reason to Believe a Violation Exists letter. The Division's letter provided notice regarding the alleged violations and information about the June 2014 hearing. 4 The Operator does not possess a reclamation permit for the more than two acres of affected land beyond the permit area 5. On May 9, 2014, the Operator admitted the violation in writing and agreed to the Divisions recommendations.