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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No.MV-2016-059 <br /> FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY ROBINSON SONS, INC.,CEASE AND <br /> DESIST ORDER,CORRECTIVE ACTIONS,AND CIVIL PENALTIES FOR MINING WITHOUT <br /> A RECLAMATION PERMIT, <br /> File No. M-2008-076 <br /> THIS MATTER came before the Mined Land Reclamation Board("Board") on <br /> February 23, 2017 in Denver,Colorado to consider possible violations by Robinson Sons, <br /> Inc. ("Operator"),cease and desist order, corrective action,and civil penalties for mining <br /> without a permit,file number M-2008-076. Amy Eschberger appeared on behalf of the <br /> Division of Reclamation,Mining and Safety("Division"). Daniel Robinson appeared on <br /> behalf of Operator. <br /> The Board,having considered the parties'presentations and having been otherwise <br /> fully informed of the facts in the matter,hereby enters the following: <br /> .FINDINGS OF FACT <br /> 1. Operator holds a 112c reclamation permit for an 78-acre sand,gravel,and <br /> borrow material mining operation-located in Section 26,Township 33 South,Range 67 <br /> West,6th Principal Meridian,Las Animas County. The site is known as the Robinson Sons <br /> Gravel Pit No. 1. <br /> 2. On October 27,2016,the Division received information about the site by <br /> telephone from the Mine Safety and Health Administration. <br /> 3. The Division conducted an inspection of the site on November 23,2016. <br /> During the inspection,the Division observed,among other things,that Operator had <br /> affected 6.74 acres outside of the approved affected land boundary,including 0.9 acre at <br /> the top of a ridge adjacent to the eastern permit boundary(an extraction area and haul <br /> road);and 5,84 acres located adjacent to the mime access road(two extraction areas,haul <br /> road,truck scale,scale house,and scale access ramps). The Division provided a copy of the <br /> November 23,2016 inspection report to the Operator on January 23,2017. <br /> 4. On January 23, 2017,the Division mailed the Operator a Reason to Believe a <br /> Violation Exists letter. The Division's letter provided notice regarding the alleged <br /> Robinson Sons,Inc. <br /> Robinson Sons Gravel Pit No.1 <br /> MV-2016-059 1 <br />