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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No.MV-2017-002 <br /> FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY PIONEER SAND COMPANY, INC., CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTION,AND CIVIL PENALTY FOR FAILING TO OBTAIN <br /> A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING OPERATION, File No. <br /> M-1977-057 <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 Pioneer Sand Company,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-1977-057. <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. The Operator holds a 110c reclamation permit for a stone mining operation <br /> located in in Section 14,Township 6 North,Range 90 West,6th Principal Meridian in Moffat <br /> County, Colorado. The site is known as the Fedinec Pit. <br /> 2. On May 10,2016,the Division of Recta m.,ation,Mining and Safety ("Division") <br /> conducted a regular monitoring inspection of the Fedinec Pit. Wayne Brantley, <br /> representing the Operator,attended the inspection. Daring the inspection,the Division <br /> found that approximately 11 acres have been disturbed. The permit is approved to affect <br /> not more than 5 acres. In the May 10,2016 inspection report,the Division required the <br /> Operator to conduct a survey of the disturbance and submit documentation of the survey. <br /> 3. On October 14, 2016,the Operator submitted a survey of the site, <br /> indicating that 9.44 acres were disturbed and one acre has been disturbed and <br /> reclaimed. The total amount of disturbed land exceeds the permitted total by 5.44 acres. <br /> 4. On October 27,2016,the Division inspected the site and confirmed that <br /> 10.44 acres had been disturbed. The Division mailed a copy of the October 27,2016 <br /> inspection to the Operator on November 2, 2016. <br /> S. On November 8, 2016,the Division mailed a signed copy of the Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the alleged <br /> violations and information about the December 15, 2016 hearing. <br />