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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2016-029 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY PHILLIPS COUNTY, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br /> FAILURE TO PROTECT AREAS OUTSIDE OF AFFECTED LAND FROM <br /> DAMAGE AND FAILING TO STABILIZE AND PROTECT SURFACE AREAS TO <br /> EFFECTIVELY CONTROL EROSION, File No. M-2004-052 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> April 27, 2016 in Denver, Colorado as a consent agenda item to consider possible <br /> violations by Phillips County ("Operator"), cease and desist order, corrective action, <br /> and civil penalties for failing to protect areas outside of the affected land from <br /> damage occurring during the mining operation and failing to stabilize and protect all <br /> surface areas of the affected land as to effectively control erosion, file number M- <br /> 2004-052. There were no appearance on behalf of the Operator. <br /> The Board, having considered the materials presented and being otherwise <br /> 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 a 9.9-acre sand <br /> and gravel site located in Section 33, Township 8 North, Range 43 West, 6th <br /> Principal Meridian in Phillips County, Colorado, permit number M-2004-052. The <br /> site, known as the Rafert Pit, is located approximately eight miles east-northeast of <br /> Holyoke, Colorado. The site consists of an excavated pit and a large topsoil <br /> stockpile along the northern permit boundary. <br /> 2. On March 9, 2016, the Division conducted an inspection of the site in <br /> accordance with its normal monitoring program. Randy Schafer was present during <br /> the inspection on behalf of the Operator. <br /> 3. During the inspection, the Division identified compliance issues at the <br /> site, including: (1) land has been affected outside the approved permit boundary; (2) <br /> uncontrolled erosion of the affected land; (3) missing or incorrectly placed affected <br /> area boundary markers. During the inspection, the Division observed two large <br /> erosion features that had migrated outside of the approved permit boundary. One <br /> erosional feature was located along the southern boundary that was approximately <br /> thirty feet (30') wide, thirty feet (30') long, and extended approximately twenty feet <br />