Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2018-016 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF POSSIBLE VIOLATIONS BY PROWERS AGGREGATE <br />OPERATORS, LLC, CIVIL PENALTIES, CEASE AND DESIST ORDER, AND <br />CORRECTIVE ACTIONS FOR FAILURE TO MINIMIZE DISTURBANCE TO THE <br />PREVAILING HYDROLOGIC BALANCE, FAILURE TO OBTAIN A <br />RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW OPERATION, AND <br />FAILURE TO COMPLY WITH THE CONDITIONS OF AN ORDER, PERMIT OR <br />REGULATION. File No. M-2008-078 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 22, 2018 in Denver, Colorado to consider possible violations by Prowers <br />Aggregate Operators, LLC, civil penalties, cease and desist order, and corrective <br />actions for failure to minimize disturbance to the prevailing hydrologic balance, <br />failure to obtain a reclamation permit prior to engaging in a new operation, and <br />failure to comply with the conditions of an order, permit or regulation, File No. M- <br />2008-078. Amy Eschberger and Assistant Attorney General Scott Schultz appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). Ron Peterson <br />and Karl Nyquist representing Prowers Aggregate Operators, LLC and Todd Yee and <br />J.C. York of J & T Consulting, Inc. appeared on 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 an 233.4 -acre sand <br />and gravel site located in Section 33, Township 22 South, Range 46 West, 6th <br />Principal Meridian in Prowers County, Colorado, permit number M-2008-078. The <br />site, known as the West Farm Pit, is located approximately one and a half miles <br />east of Lamar, Colorado. <br />2. On June 11, 2018, the Division received a complaint from Colorado <br />Parks and Wildlife regarding discharge from the operation into the Arkansas River <br />causing increased turbidity for several miles downstream of the site. Colorado <br />Parks and Wildlife indicated that the turbidity was a potential threat to fish health, <br />particularly to the state -endangered suckermouth minnow, which has critical <br />habitat in the section of the river affected by the discharges. The complaint <br />