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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2017-033 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY ALAIIIOSA COUNTY, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CI`71L PENALTIES FOR <br />FAILING TO PROTECT AREAS OUTSIDE OF THE PERMIT AREA, <br />File No. M-2001-108 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on July 26, 2017 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Alamosa County ("Operator"), cease and desist order, <br />corrective action, and civil penalties for failing to protect areas outside of the <br />affected land from slides or damage, file number M-2001-108. <br />The Board, being fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c reclamation permit for an 9.9 -acre sand <br />and gravel mining operation located in Section 4, Township 36 South, Range 8 <br />East, 10th Principal Meridian in Alamosa County, Colorado, permit number M- <br />2001-108. The site is known as Alamosa County Pit No. 1. <br />2. On itiay- 15, 2017, the Division of Reclamation, Mining and Safety <br />("Division") inspected the site as part of the Division's normal monitoring program. <br />During the inspection, the Division observed that approximately 0.25 acre outside <br />the permit area had been affected, where topsoil had been stockpiled. <br />3. On June 22, 2017, the Division sent the Operator a Reason to Believe <br />a Violation Exists and Notice of Board Hearing letter for failure to protect areas <br />outside of the affected land from slides or damage occurring during the mining <br />operation and reclamation and providing details regarding a hearing on this <br />matter scheduled for July 26, 2017. <br />4. Operator affected less than one acre of land outside the approved <br />affected land boundary. <br />5. On July 20, 2017, the Operator signed the consent agreement <br />admitting the violation and agreed to the Division's recommendations to the Board. <br />