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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2015-010 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY KIT CARSON COUNTY, <br />CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br />PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br />ENGAGING IN A NEW MINING OPERATION, File No. M-1998-060 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />May 27, 2015 in Denver, Colorado as a consent agenda item to consider a possible <br />violation by Kit Carson County ("Operator"), cease and desist order, corrective <br />action, and a civil penalty for failing to obtain a reclamation permit before engaging <br />in a new mining operation, file number M-1998-060. <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c reclamation permit for a 9.7 -acre sand <br />and gravel operation located in Section 10, Township 10 South, Range 51 West, 6th <br />Principal Meridian in Kit Carson County, Colorado. The site is known as the <br />Dorsch Pit. <br />2. On March 26, 2015, the Division of Reclamation, Mining and Safety <br />("Division") conducted a normal monitoring inspection of the site. Dave Hornung, <br />representing the Operator, attended the inspection. The Division found an area of <br />approximately 3.25 acres that had been disturbed outside the approved permit <br />boundary. <br />3. On April 6, 2015, the Division sent the Operator the March 26, 2015 <br />inspection report and a Reason to Believe a Violation Exists letter. The Division's <br />letter provided notice regarding the alleged violations and information about the <br />May 27, 2015 hearing. <br />4. On April 23, 2015, the Operator admitted the violation and agreed to <br />the Division's recommendations to the Board. <br />