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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2015-015 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY C & B GRAVEL, INC. CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILURE TO PROTECT AREAS OUTSIDE OF AFFECTED LAND FROM <br />DAMAGE OCCURING DURING THE MINING OPERATION, File No. M-2007-058 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 26, 2015 in Denver, Colorado to consider possible violations by C & B Sand <br />and Gravel, Inc. ("Operator"), cease and desist order, corrective action, and civil <br />penalties for failing to protect areas outside of the affected land from damage <br />occurring during the mining operation, File No. M-2007-058. Russell Means and <br />Amy Yeldell appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). John Corson appeared on behalf of the Operator. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c limited impact permit for an 8.14 acre sand <br />and gravel site located in Section 21, Township 12 North, Range 89 West, 6th <br />Principal Meridian in Moffat County, Colorado, permit number M-2007-058. The <br />site, known as the Sheehan Pit, is located 6.5 miles southwest of Savery, Wyoming. <br />2. On July 8, 2015, the Division conducted an inspection in accord with <br />its normal monitoring program. John and Krissa Corson were present at the <br />inspection on behalf of the Operator. <br />3. During the inspection, the Division identified several compliance <br />issues with the site, including: (1) improper storage and containments of fuels <br />and/or other hazardous materials on site; (2) evidence of blasting activities, <br />confirmed by the Operator's representative in contradiction to the permit which <br />specifically states no explosives will be used; (3) the pit name on the sign is <br />incorrect and there are no visible markers that could be observed, particularly along <br />the west highwall; (4) there was inadequate topsoil salvaged for reclamation; (5) a <br />loader tire and metal machine braces were observed on the east side of the road <br />outside of the permit area; and (6) approximately 0.25 miles away, stockpiled <br />