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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2017-046 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY KYM A. SCHURE, CEASE AND <br /> DESIST ORDER, CORRECTIVE ACTIONS,AND CIVIL PENALTIES FOR FAILING TO <br /> MAINTAIN LEGAL RIGHT TO ENTER AND FAILING TO COMPLY WITH THE <br /> CONDITIONS OF A PERMIT, File No. M-1986-074 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> August 23, 2017 in Denver, Colorado to consider the possible violation by Kym A. <br /> Schure ("Operator"), cease and desist order, corrective actions and civil penalties for <br /> failing to maintain a legal right to enter and failing to comply'Adth the conditions of a <br /> permit,file number M-1986-o74. Jared Ebert,Wally Erickson, and First Assistant <br /> Attorney General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining <br /> and Safety("Division"). Christopher Hayes, Esq. and Kym A. Schure appeared on behalf <br /> of Operator <br /> The Board, being fully informed of the facts in the matter,hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112(c) reclamation permit for a 32-acres sand and <br /> gravel pit located in the NW 1/4 of Section 21,Township 8 North, Range 53 West, <br /> 6th Principal Meridian in Logan County. The site is known as the Dollerschell Pit. <br /> 2. The site was originally permitted as a 11o(c) reclamation permit by Don <br /> Kehn Construction. Operator succeeded the original permittee on April 16, 1997. <br /> 3. At the Board's November 19, 2014, the Board found that Operator mined <br /> substantial acreage beyond the approved permit boundary, in violation of section 34- <br /> 32.5-109(l), C.R.S. The Board ordered, among other things, Operator to submit an <br /> interim financial warranty; and file a conversion application to increase the size of the <br /> no reclamation permit to include the affected lands outside the approved permit <br /> boundary. Operator timely complied with the Board's order to convert the permit into a <br /> 112(c) permit. In its conversion process, Operator demonstrated that it held a legal right <br /> to enter the permitted area. The Division approved Operator's conversion application in <br /> November 2015. <br /> 4. On November 23, 2015, the Division received a written performance <br /> warranty from Operator in which Operator(referred to as "Permittee")promised <br /> as follows: <br />