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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 />