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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No.MV-2016-052 <br /> FINDINGS OF FACT,CONCLUSIONS OF LAW,AND,OR-DER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY CHEYENNE COUNTY,CORRECTIVE <br /> ACTIONS,CEASE AND DESIST ORDER,AND CIVIL PENALTIES FOR(1) FAILING TO <br /> MINIMIZE DISTURBANCE TO THE PREVAILING HYDROLOGIC BALANCE AND (2) FAILING <br /> TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR DAMAGE, <br /> File No. M-2000-018 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on June <br /> 22,2016,in Denver, Colorado as a consent agenda item to consider a possible violation by <br /> Cheyenne County("Operator"), cease and desist order,corrective action,and a civil penalty <br /> for failing minimize disturbance to the prevailing hydrologic balance and failing to protect <br /> areas outside of the affected land from slides or damage occurring during the mining <br /> operation,file number M-2000-418. <br /> The Board,having considered the materials presented with this consent agenda <br /> item and being otherwise fully informed of the facts in the matter,enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110c permit for a 9.5-acre sand and gravel operation <br /> located in Section 8,Township 15 South,Range 44 West, 10th Principal Meridian in <br /> Cheyenne County,Colorado,permit number M-2000-018. The site is known as the Munsch <br /> Pit. <br /> 2. On June 29, 2016,the Division of Reclamation,Mining and Safety("Division") <br /> conducted a routine monitoring inspection at the ske. During the inspection,the Division <br /> observed a significant erosion feature located near the southeast corner of the permit. <br /> Ladder Creek,an ephemeral channel,had breached into the southeast slope of the site, <br /> completely redirecting the creek into the pit. The Division observed that a head cut had <br /> formed in the creek channel measuring approximately ten to fifteen feet(10'-15') deep and <br /> over one hundred feet(100')long. <br /> 3. Upon further investigation,the Division determined the erosion event was <br /> caused because the mining excavation occurred too close to the creek. The Division <br /> determined that the mining operation was impounding all of the water from Ladder Creek. <br />