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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No, M17-2017-062 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY EASTERN COLORADO <br />AGGREGATES L.L.L.P., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, <br />AND CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE <br />AFFECTED LAND FROM DAINIAGE, File No. M-2006-013 <br />THIS MATTER came before the Xlined Land Reclamation Board ("Board") on <br />December 13, 2017 in Denver, Colorado to consider possible violations by Eastern <br />Colorado Aggregates L.L.L.P. ("Operator"), cease and desist order, corrective action, <br />and civil penalties for failing to protect, areas outside of the affected Iand from slides <br />or damage, permit number M-2006013. Eric Scott appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division'). David King appeared on <br />behalf of the Operator. <br />The Board, having considered the parties' presentations, testimony, and the <br />administrative record, and being otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for a 49 -acre sand and <br />gravel site located in Section 4, Township 27 South, Range 66 West, 6th Principal <br />Meridian in Huerfano County, Colorado, permit number M-2006-013. The site is <br />known as the Potts Pit #2. <br />2. The Division conducted a routine monitoring inspection of the site on <br />September 27, 2017. David King was present at the inspection on behalf of the <br />Operator. During the inspection, the Division observed the presence of tamarisk, <br />which is a noxious geed species. Further, the Division was unable to locate the <br />required site boundary markers, and the mine identification sign was damaged and <br />illegible. The Division also observed that the land outside the permitted area had <br />been affected. The Division observed that no mining or reclamation operations <br />appeared to have occurred in several years. <br />