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BEFORE THE ALINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2016-061 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY WAGNER CONSTRUCTION, <br /> INC., CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL <br /> PENALTY FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br /> ENGAGING IN A NEW MINING OPERATION, File No. A1-1999-018 <br /> THIS MATTER came before the Alined Land Reclamation Board ("Board") <br /> on June 28, 2017 in Denver, Colorado as a consent agenda item to consider the <br /> request of Wagner Construction, Inc. ("Operator") for an extension of the decision <br /> deadline on a Conversion Application, file number M-1999-018. <br /> The Board, being fully informed of the facts in the matter. enters the following: <br /> FINDINGS OF FACT <br /> 1. On July 19. 2016, the Division of Reclamation, Mining and Safety <br /> ("Division'') conducted a regular monitoring inspection of a site known as Wagner <br /> Rock. Wagner Rock is located in Section 10, Township 6 North, Range 90 West, 6th <br /> Principal Meridian in Moffat County. Colorado. <br /> 2. On August 5. 2016. the Division mailed a signed copy of the inspection <br /> report to the Operator. On August 8. 2016, the Division issued a Notice of Surety <br /> Increase. As a result of the July 19, 2016 inspection, it was determined that the <br /> cost to reclaim Wagner Rock had increased to $35.341.00. This was an increase of <br /> $21.336 over the previous 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 <br /> costs, and revalue the bonding amount appropriately. <br /> 4. On October 24, 2016, the Division sent the Operator a Notification of <br /> Findings letter. The Division reviewed the merits of the Operator's objection and <br /> began verifying figures for a response. The Division measured the affected area <br /> using 2014 aerial imagery of the site and Google Earth Pro software. The Division <br /> also overlaid the 2016 annual report map over satellite imagery. Neither the <br /> permit boundary shape nor acreage matched the approved permit. The Division <br /> found the Operator has affected approximately 15.1 acres, or 5.36 acres beyond the <br /> maximum allowed disturbance of 9.74 acres. <br />