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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. M�'-2017-046 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY KYM A. SCHURE, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CR71L PENALTIES FOR <br />FAILING TO MAINTAIN LEGAL RIGHT TO ENTER AND FAILING TO <br />COMPLY WITH THE 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 with the conditions of <br />a permit, file number M-1986-074. Jared Ebert, Wally Erickson, and First <br />Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br />Reclamation, Mining and Safety- ("Division"). Christopher Hayes, Esq. and Kym A. <br />Schure appeared on behalf of Operator <br />The Board, being fully- informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />I . The Operator holds a 112(c) reclamation permit for a 32 -acres sand <br />and gravel pit located in the NW 1, of Section 21, Township 8 North, Range 53 <br />Nest, 6th Principal Meridian in Logan County. The site is known as the <br />Dollerschell Pit. <br />2. The site was originally permitted as a 110(c) reclamation permit by <br />Don Kehn Construction. Operator succeeded the original permittee on April 16, <br />1997. <br />3. At the Board's November 19, 2014, the Board found that Operator <br />mined substantial acreage beyond the approved permit boundary, in violation of <br />section 34-32.5-109(1), C.R.S. The Board ordered, among other things, Operator to <br />submit an interim financial warranty: and file a conversion application to increase <br />the size of the 110 reclamation permit to include the affected lands outside the <br />approved permit boundary. Operator timely complied with the Board's order to <br />convert the permit into a 112(c) permit. In its conversion process, Operator <br />demonstrated that it held a legal right to enter the permitted area. The Division <br />approved Operator's conversion application in November 2015. <br />