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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2015 -002 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY ARS SAND & GRAVEL CO., <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- 1980 -020 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />January 28, 2015 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by ARS Sand & Gravel Co., LLC ( "Operator "), cease and desist <br />order, corrective action, and civil penalties for failing to protect areas outside of the <br />affected land from slides or damage, file number M- 1980 -020. <br />The Board, being fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for an 82.96 -acre sand <br />and gravel site located in Section 19, Township 6 South, Range 68 West, 6th <br />Principal Meridian in Douglas County, Colorado, permit number M- 1980 -020. The <br />site, known as the Braley S &G Pit No. 1, is located approximately two miles south <br />of Chatfield Reservoir. <br />2. On November 25, 2014, the Division conducted a normal monitoring <br />inspection of the site; however, the Division also received a citizen complaint from a <br />neighboring landowner about the site. Kim Haarberg, Scott Reynolds, and Derek <br />Garben attended the inspection on behalf of the Operator. During the inspection, <br />the Division was unable to locate field- identified permit boundary markers. The <br />Division also observed an irregular- shaped highwall and a stockpile of sandy loam <br />material, both located outside the permit boundary. The Division found that the <br />Operator had disturbed 1.4 acres beyond the permit boundary. <br />3. On December 12, 2014, the Division mailed the Operator a copy of the <br />November 25, 2014 inspection report and a Reason to Believe a Violation Exists <br />letter, informing the Operator of the possible violation and providing details <br />regarding a hearing on this matter scheduled for January 28, 2015. <br />4. On January 13, 2015, the Operator admitted the violation and agreed <br />to the Division's recommendations to the Board. <br />