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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2018-034 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY ROBINSON SONS, INC., <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A <br />BOARD ORDER, <br />File No. M-2008-076 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on September 26, 2018 in Denver, Colorado to consider possible violations by <br />Robinson Sons, Inc. ("Operator"), cease and desist order, corrective action, and civil <br />penalties for failure to comply with the conditions of a Board Order, file number <br />M-2008-076. Amy Eschberger appeared on behalf of the Division of Reclamation, <br />Mining and Safety ("Division"). Ben Langenfeld of Greg Lewicki and Associates <br />appeared on behalf of Operator. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. Operator holds a 112c reclamation permit for an 78 -acre sand, gravel, <br />and borrow material mining operation located in Section 26, Township 33 South, <br />Range 67 West, 61h Principal Meridian, Las Animas County. The site is known as <br />the Robinson Sons Gravel Pit No. 1. <br />2. Through an Order signed on March 13, 2017 and effective March 14, <br />2017 (the "March 2017 Order"), the Board found Operator in violation of section 34- <br />32.5-109(1) for engaging in a mining operation without first obtaining a reclamation <br />permit. The Board also ordered Operator to submit an amendment application to <br />include all affected lands in the permit by June 12, 2017, with all materials <br />submitted in an approvable form by September 10, 2017. The Board also assessed a <br />civil penalty of $31,566.40, with all but $3,066.40 of the penalty suspended if <br />Operator complied with the corrective action by the deadlines. <br />3. The Operator paid the unsuspended portion of the civil penalties <br />assessed in the March 2017 Order on April 24, 2017. <br />Robinson Sons, Inc. <br />Robinson Sons Gravel Pit No. 1 <br />MV -2018-034 <br />