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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. AIV -2017-061 <br />FINDINGS OF FACT, CONCLUSIONS OF LANNT, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BROKEN ARROW <br />INVESTMENTS, LLC, CEASE AND DESIST ORDER, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES FOR ENGAGING IN A NEW MINING <br />OPERATION WITHOUT A PERMIT, File No. M-2008-017 <br />THIS MATTER came before the Mined Land Reclamation Board {"Board") <br />on December 13, 2017 in Denver, Colorado to consider the possible violation by <br />Broken Arrow Investments, LLC ("Operator"), cease and desist order, corrective <br />actions, and civil penalties for failing to obtain a reclamation permit prior to <br />engaging in a new operation, file number M-2008-017. Eric Scott appeared on <br />behalf of the Division of Reclamation, Mining and Safety C'Division"). Kelly Hodge <br />appeared on behalf of Operator. <br />The Board, considering the presentation of the Division and being fully* <br />informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. Operator holds a 112c Construction Materials permit for a 39.2 -acre <br />sand and gravel operation located in Section 4, Township 5 North, Range 65 West, <br />6th Principal Meridian in Weld, County, Colorado, permit number M-2008-017. <br />The site is known as the Derr Pit. <br />2. On November 1, 2017, the Division conducted a normal monitoring <br />inspection of the site. The Division observed, among other things, approximately <br />10.2 acres of mining disturbance outside the approved permit. boundary. <br />3. On November 3, 2017, the Division sent Operator the November 1, <br />2017 inspection report and a Reason to Believe a Violation Exists letter. The <br />Division's letter provided notice regarding the alleged violations and information <br />about the December 13, 2017 hearing. <br />4. At the hearing, Kelly Hodge testified, stating that they were engaged <br />primarily in recycling stockpiles of asphalt and concrete located within the permit <br />boundary. Mr. Hodge stated the Operator is preparing a permit application. <br />