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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of VIolation No. MV -2016-061 <br />FINDINGS OF FAMCONCLUSMNS OF LAW AND ORDER, <br />IN THE MATTER OF A POSSIBLE VIOLATION BY WAGNER CONSTRUCTION, INC., CEASE <br />AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL PENALTY FOR FAILING TO OBTAIN <br />ARECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING OPERATION, File No. <br />M-1999-01.8 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 15, 2016 In Denver, Colorado as a consent agenda item to consider a possible <br />violation by Wagner Construction, Inc. ("Operator"), cease and desist order, corrective <br />action, and a civil penalty for failing to obtain a reclamation permit before engaging In a <br />new mining operation, file number M-1999-018. <br />The Board, having considered the materials presented with this consent agenda <br />item and having been otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF `FACT <br />1. On July 19, 2016, the Division of Reclamation, Mining and Safety ("Division') <br />conducted a regular monitoring inspection of a site known as Wagner Rock. Wagner Rack <br />Is located in Section 10, Township 6 North, Range 90 West, 6th Principal Meridian in Moffat <br />County, Colorado. <br />2. On August 5, 2016, the Division mailed a signed copy of the Inspection report <br />to the Operator. On August 8, 2016, the Division issued a Notice of Surety Increase. As a <br />result of the July 19, 2016 inspection, itwas determined that the cost to reclaim Wagner <br />Rock had increased to $35,341.00. This was an increase of $21,336 over the previous <br />amount of $14,005 currently held by the Division. <br />3. On October 14, 2016, the Division received a formal objection from the <br />Operator, requesting that the Division reassess its survey of the site, reclamation costs, and <br />revalue the bonding amounx appropriately. <br />4. On October 24, 2016,the Division sentthe Operator a Notification of <br />Findings letter. The Division reviewed the merits of the Operator's objection and began <br />verifying figures for a response. The Division measured the affected area using 2014 aerial <br />Imagery of the site and Google Earth Pro software. The Division also overlaid the 2016 <br />annual report map over satellite imagery. Neither the permit boundary shape nor acreage <br />matched the approved permit The Division found the Operator has affected approximately <br />15.1 acres, or 5.36 acres beyond the maamum allowed disturbance of 9.74 acres: <br />