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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2016-050 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY WASHINGTON COUNTY, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br /> FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND <br /> FROM SLIDES OR DAMAGE, File No. M-1997-015 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> August 24, 2016 in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by Washington County ("Operator"), cease and desist order, <br /> corrective action, and civil penalties for failing to protect areas outside of the <br /> affected land from slides or damage, file number M-1997-015. <br /> The Board, being fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for an 51.7-acre sand <br /> and gravel site located in Section 10, Township 2 North, Range 51 West, 6th <br /> Principal Meridian in Yuma County, Colorado, permit number M-1997-015. The <br /> site is known as the Elrick Pit. <br /> 2. On June 1, 2016, the Division conducted a normal monitoring <br /> inspection of the site. Jason Lockard and Jeremy Wells, both with Washington <br /> County Road & Bridge, attended the inspection on behalf of the Operator. The site <br /> is permitted for a channel excavation operation along Surveyor Creek and a single <br /> pit located in a meander just south of U.S. Highway 34. In the mining plan, the <br /> Operator committed to leaving a 100-foot buffer between Surveyor Creek and the <br /> pit to protect the creek and not affect its natural flow. The Operator also committed <br /> to not mining from the pit into the creek. During the inspection, the Division found <br /> that mining activities had occurred within the creek channel, including an area of <br /> mining ten to fifteen feet deep in one area. <br /> 3. During the inspection, the Division also observed that an access road <br /> has been constructed from the pit area directly south to County Road 40. The <br /> Operator stated that the road was constructed because the mine site would become <br /> inaccessible during wet conditions. The access road is not approved under the <br /> current permit and has been constructed outside the approved permit boundary. <br />