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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2016-030 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY ARNOLD'S CUSTOM <br /> SEEDNG, 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-2016-022 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> May 25, 2016, in Denver, Colorado as a consent agenda item to consider a possible <br /> violation by Arnold's Custom Seeding ("Operator"), cease and desist order, <br /> corrective action, and a civil penalty for failing to obtain a reclamation permit <br /> before engaging in a new mining operation, file number M-2016-022. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and being otherwise fully informed of the facts in the matter, enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator operates an agricultural production field located <br /> approximately 0.25-miles east of Weld County Road 69 and south of Weld County <br /> Road 16. Located in Section 35, Township 2 North, Range 63 West, 6th Principal <br /> Meridian in Weld County, Colorado, the site is known as the Arnold Pit No. 1. <br /> 2. On May 9, 2016, the Division conducted an inspection of the site. <br /> James Simpson and Darren Dever, representing the Operator, attended the <br /> inspection. During the inspection, the Division observed a disturbance at the site <br /> that is approximately 150 feet wide and 600 feet long running north to south <br /> from County Road 16 on the north to an abandoned farmstead on the south. The <br /> Division observed that the Operator removed and windrowed topsoil on both the <br /> east and west sides of the disturbance and was in the process of excavating the <br /> clay seam or "B" horizon just below where the topsoil or "A" horizon had been <br /> removed. The Division observed that approximately one-fourth of the area had <br /> been excavated to an approximate depth of 2-3 feet. The Division observed that <br /> all operations have ceased. During the inspection, the Operator reported that the <br /> excavated material was being exported off site for use as construction material in <br /> a pipeline project. <br />