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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORAD� <br /> Violation No. MV-2016-033 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY MORGAN SAND AND <br /> GRAVEL INC., CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND <br /> CIVIL PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM SLIDES OR DAMAGES DURING THE MINING <br /> OPERATION, File No. M-1977-094 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> June 22, 2016, in Denver, Colorado as a consent agenda matter to consider possible <br /> violations by Morgan Sand and Gravel Inc. ("Operator"), cease and desist order, <br /> corrective action, and civil penalties for failing to protect areas outside of the affected <br /> land from slides or damages during the mining operation, file number M-1977-094. <br /> The Board, being fully informed of the facts in the matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c permit for a 40-acre sand and gravel <br /> operation located in Section 34, Township 5 North, Range 58 West, 6th Principal <br /> Meridian in Morgan County, Colorado, permit number M-1977-094. The site is <br /> known as the Westhoff Pit. <br /> 2. On April 14, 2016, the Division of Reclamation, Mining and Safety <br /> ("Division") conducted an inspection in accord with its routine monitoring program. <br /> Greg Westhoff was present at the inspection on behalf of the Operator. During the <br /> inspection, the Division observed that the northern permit markers were incorrectly <br /> located. Following the inspection, the Division, using aerial imaging, found the total <br /> area as marked in the field to be approximately 47 acres. The site is approved to for <br /> only 40 acres. Additionally, the Division found that an area of approximately 1.65 <br /> acres has been affected outside of and adjacent to the northern permit boundary. <br /> 3. On the inspection report, the Division noted that the Operator must <br /> resurvey the 40-acre permit area and replace the permit boundary markers to the <br /> correct locations by the corrective action date of May 31, 2016. <br /> 4. The Division holds a financial warranty for the site in the amount of <br /> $13,000. <br />