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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No.MV 2016-033 <br /> FINDINGS OF FACT,C0NCLUSIEI NS=OP 1 A,W,. ND GRDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY MORGAN SAND AND GRAVEL INC., CEASE <br /> AND DESIST ORDER,CORRECTIVE ACTION,AND CIVIL PENALTIES FOR FAILURE TO <br /> PROTECT AREAS OUTSIDE.OF THE AFFECTED LAND FROM SLIDES OR DAMAGES DURING <br /> THE MINING OPERATION,.F.He No..M-19.77-094 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> November 16, 2016,in Denver, Colorado as a consent agenda matter to consider the request <br /> of Morgan Sand and Gravel Inc. ("Operator") for an extension of time to comply with a Board <br /> order,file number M-1977-0.94. <br /> The Board,being fully informed of the facts in the matter,hereby enters <br /> the foil-owing: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c permit for a 40-acre sand and gravel operation <br /> located in.Section 34,Township 5 Noah,Range 58 West,6th Principal Meridian in Morgan <br /> County,Colorado,permit number M 1977-094. The site is known as the Westhoff Pit. <br /> 2. On April 14,2016,the Division of Reclamation,Mining and Safety("Division") <br /> conducted an inspection in accord with its routine monitoring program. Greg Westhoff was <br /> present at the inspection on behalf of the Operator.During the inspection,the Division <br /> observed that the northern permit markers were incorrectly located. Following the <br /> inspection,the Division,using aerial imaging,found the total area as marked in the field to <br /> be approximately 47 acres. The site is approved to for only 40 acres. Additionally,the <br /> Division found that an area of approximately 1.65 acres has been affected outside of and <br /> adjacent to the northern permit boundary. <br /> 3. On the inspection report,the Division noted that the Operator must resurvey <br /> the 40-acre permit area and replace the permit boundary markers to the correct locations <br /> by the corrective action date of May 31,2016. <br /> 4. The Davisl�m bolds a iinandal warranty fir the site in the amount of$13,000. <br /> S. On May 5,2016,the Division mailed Operator a Reason to Believe a Violation <br /> Exists letter and Notice of Board Hearing citing the potential violation as the failure to <br />