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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2018-014 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY MCATEE <br />CONSTRUCTION COMPANY, CEASE AND DESIST ORDER, CORRECTIVE <br />ACTION, AND CIVIL PENALTIES FOR ENGAGING IN A NEW MINING <br />OPERATION WITHOUT A PERMIT, File No. M-1976-056 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on June 27, 2018 in Denver, Colorado to consider the possible violation by McAtee <br />Construction Company ("Operator'), cease and desist order, corrective actions, and <br />civil penalties for failing to obtain a reclamation permit prior to engaging in a new <br />operation, file number M-1976-056. Jared Ebert appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division'). Jeff Harms and Steve <br />O'Brien 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 86.4 -acre <br />sand and gravel operation located in Section 28, Township 8 North, Range 52 West, <br />6th Principal Meridian in Logan, County, Colorado, permit number M-1976-056. <br />The site is known as the Riverside Pit. <br />2. On April 19, 2018, the Division conducted a routine monitoring <br />inspection of the site. The Division observed that Operator had affected <br />approximately 15 acres outside the approved permit boundary. The area outside of <br />the permit boundary consists of a partially excavated area, a processing plant, <br />material stockpiles, a scale and scale house, fuel storage, a parking area, two roads, <br />and an area stripped in advance of mining. The inspection report was dated May 8, <br />20181 <br />3. On May 25, 2018, the Division sent Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged <br />violations and information about the June 27, 2018 hearing. <br />4. At the June 27, 2018 hearing, Jared Ebert appeared on behalf of the <br />Division. Mr. Ebert testified regarding the affected areas outside the permit <br />