Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV- 2014 -013 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE REQUEST FOR EXTENSION OF THE DEADLINE <br />FOR SUBMITTING ALL APPLICATION MATERIALS IN AN APPROVABLE <br />FORM BY PHILLIPS COUNTY, File No. M- 1989 -095 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />October 29, 2014 in Denver, Colorado as a consent agenda item to consider the <br />request for an extension of the Board ordered deadline to obtain a 112c reclamation <br />permit by Phillips County ( "Operator "), permit number M- 1989 -095. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(c) permit for a 9.9 -acre clay mining operation <br />located in Section 19, Township 6 North, Range 43 West, 6th P.M., Phillips County, <br />Colorado, permit number M- 1989 -095. The site is known as the Schneller Clay Pit. <br />2. On April 28, 2014, the Division of Reclamation, Mining and Safety <br />( "Division ") conducted a normal monitoring inspection of the site. Randy Schafer, <br />representing the Operator, attended the inspection. The Division found, among <br />other things, that boundary markers for the site had been incorrectly placed and <br />that the area within the boundary markers exceeded 9.9 acres. The Division also <br />found that the Operator affected more than two acres beyond the permit boundary. <br />The Operator did not possess a reclamation permit for the more than two (2) acres of <br />affected land beyond the permit area. <br />3. On May 9, 2014, the Operator admitted the violation in writing and <br />agreed to the Division's recommendations. <br />4. At the June 18, 2014 Board meeting, as a consent agenda item, <br />considered possible violations by the Operator, corrective actions, and civil penalties <br />for failing to obtain a reclamation permit prior to engaging in a new operation. <br />5. On July 3, 2014, the Board issued a Findings of Fact, Conclusions of <br />Law, and Order ( "July 2014 Order "). In the July 2014 Order, the Board found the <br />