Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV 2014 -037 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY SANBORN SAND AND <br />GRAVEL, d/b /a GOLDEN CROSS AGGREGATE, CEASE AND DESIST ORDER, <br />CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO COMPLY <br />WITH THE PROVISIONS OF AN ORDER, PERMIT, OR REGULATION AND <br />FAILING TO REMOVE AND SEGREGATE TOPSOIL, File No. M- 1984 -094 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />October 29, 2014 in Denver, Colorado to consider a possible violation by Sanborn <br />Sand and Gravel, d/b /a Golden Cross Aggregate ( "Operator "), cease and desist order, <br />corrective actions, and civil penalties for failing to comply with the provisions of an <br />order, permit, or regulation and failing to remove and segregate topsoil, file number <br />M- 1984 -094. Michael Cunningham appeared on behalf of the Division of <br />Reclamation, Mining and Safety ( "Division "). Greg Lewicki and Michael Pfister <br />appeared on behalf of the Operator. <br />The Board, having considered the parties' presentations, the materials <br />presented, and being otherwise fully informed of the facts in the matter, enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for a 45.04 -acre sand, gravel, and <br />gold operation located in the NW 1/ of Section 32, Township 9 South, Range 77 <br />West, 6th Principal Meridian in Park County, Colorado, permit number M -1984- <br />094. The site is known as the Gloria Z Mine. <br />2. On June 24, 2013, the Division approved Amendment No. 2 to permit <br />number M- 1984 -094 ( "Amendment No. 2 "). Amendment No. 2 requires, among <br />other things, newly constructed highwall slopes to be not more than forty -five <br />degrees (45 °) from horizontal and water diverted from Sacramento Creek to be <br />conveyed to the site through a 6" diameter PVC pipe. <br />3. On June 20, 2014, the Division received a Notice of Complaint and <br />Request for Inspection letter from the Park County Commissioners. <br />4. On July 10, 2014, the Division inspected the site. Michael Pfister of <br />Golden Cross Aggregate attended the inspection. The Division found that the <br />Operator was storing used oil improperly in numerous five- gallon buckets, some <br />