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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., <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL PENALTY FOR <br />FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW <br />MINING OPERATION, File No. 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 <br />possible violation by Pioneer Sand Company, Inc. ("Operator"), cease and desist <br />order, corrective action, and a civil penalty for failing to obtain a reclamation permit <br />before engaging in a 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 <br />operation located in in Section 14, Township 6 North, Range 90 West, 6th Principal <br />Meridian in Moffat County, Colorado. The site is known as the Fedinec Pit. <br />2. On May 10, 2016, the Division of Reclamation, Mining and Safety <br />("Division") conducted a regular monitoring inspection of the Fedinec Pit. Wayne <br />Brantley, representing the Operator, attended the inspection. During the inspection, the <br />Division found that approximately 11 acres have been disturbed. The permit is <br />approved to affect not more than 5 acres. In the May 10, 2016 inspection report, the <br />Division required the Operator to conduct a survey of the disturbance and submit <br />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 <br />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 />