2016-07-12_ENFORCEMENT - M1995007

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY BENT COUNTY READY MIX FOR FAILING TO COMPLY WITH THE CONDITIONS OF A PERMIT AND CONSIDERATION OF A STIPULATED AGREEMENT AND MODIFICATION OF BOARD ORDER, File No. M-1995-007 THIS MATTER came before the Mined Land Reclamation Board ("Board") on June 22, 2016 in Denver, Colorado as a consent agenda matter to consider (1) a possible violation by Bent County Ready Mix for failing to comply with the conditions of a permit; and (2) a Stipulated Agreement and Modification of Board Order, file number M-1995-007. Amy Eschberger and Tony Waldron appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). There was no appearance on behalf of Bent County Ready Mix or Bent County. The Board, having considered the Agreement and having been otherwise fully informed of the facts in the matter, hereby states that it agrees with and approves the terms of the Agreement, and orders the following: FINDINGS OF FACT 1. This matter concerns a 110c permit for a 9.9-acre sand and gravel operation located in Section 8, Township 23 South, Range 52 West, 6th Principal Meridian in Bent County, Colorado, permit number M-1995-007. The site is known as the Thomeczek Pit. 2. At its November 18, 2015 meeting, the Board found Bent County Ready Mix in violation pursuant to section 34-32.5-116(4)(q)(I), C.R.S. for failing to complete final reclamation of the Thomeczek Pit prior to the expiration of five years after the date that mining was completed. As a corrective action, the Board ordered that reclamation of the site be completed according to the approved reclamation plan within 90 days of the effective date of the order, February 28, 2016. Additionally, the Board issued a cease and desist order precluding any further activity at the site with the exception of environmental maintenance, reclamation, or corrective actions. Finally, the Board imposed a $3,600 civil penalty, with the full amount suspended if the Operator complied with the corrective action within ninety days. The Board issued an order effective November 30, 2015 ("November 2015 Order").