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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2014 -024 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY THE PINE BLUFFS <br />GRAVEL & EXCAVATING, INC., CEASE AND DESIST ORDER, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES FOR MINING WITHOUT A RECLAMATION <br />PERMIT, FILE NO. M- 2013 -018 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board") on <br />August 20, 2014 in Denver, Colorado as a consent agenda item to consider the <br />possible violation by Pine Bluffs Gravel & Excavating, Inc. ( "Operator "), cease and <br />desist order, corrective actions and civil penalties for mining without a permit, file <br />number MV -2014 -024. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. On May 21, 2014, the Division of Reclamation, Mining and Safety <br />( "Division ") inspected the Harms Pit, located in Section 34, Township 11 North, <br />Range 58 West, 6th Principal Meridian, Weld County, Colorado, in accordance with <br />the Division's monitoring inspection program. A representative of the Operator was <br />present during the inspection. <br />2. The Harms Pit is a 9.98 -acre sand and gravel project. In preparation <br />for the inspection, the Division reviewed a satellite image of the area, which <br />indicated a new road from Weld County Road 127 to the west boundary of the mine <br />site. Consistent with the satellite image, during the May 21, 2014 inspection, the <br />inspector observed a 3,225 feet long unapproved access road from the west <br />boundary of the mine site. The Division calculated the unapproved access road at <br />3.7 acres, which constitutes the area of land affected outside the approved permit <br />boundary. The Division cited the land affected outside of the approved permit <br />boundary as a possible violation for failing to obtain a reclamation permit prior to <br />engaging in a new operation. <br />3. On June 30, 2014, the Division mailed the Operator a copy of the <br />inspection report. On July 1, 2014, the Division mailed the Operator a Reason to <br />Believe a Violation Exists letter, informing it of the possible violation and providing <br />details regarding a hearing on this matter scheduled for August 20, 2014. <br />