2019-02-06_ENFORCEMENT - M2012004

• Permit No: M2012004
• IBM Index Class Name: Enforcement
• Doc Date: 2/6/2019
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: MLRB
• To: Superior Oilfield Services Co., LTD
• Violation No.: MV2019001
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
Violation No. MV -2019-001
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
IN THE MATTER OF A POSSIBLE VIOLATION BY SUPERIOR OILFIELD
CO., LTD; CEASE AND DESIST ORDER; CORRECTIVE ACTION; AND
CIVIL PENALTIES FOR ENGAGING IN A NEW MINING OPERATION
WITHOUT A PERMIT, File No. M-1976-056
THIS MATTER came before the Mined Land Reclamation Board ("Board")
on January 23, 2019 in Denver, Colorado to consider the possible violation by
Superior Oilfield Services Co., LTD ("Operator"); cease and desist order; corrective
action; and civil penalties for failing to obtain a reclamation permit prior to
engaging in a new operation, file number M-2012-004. Eric Scott appeared on
behalf of the Division of Reclamation, Mining and Safety ("Division"). There was
no appearance on behalf of Operator.
The Board, considering the presentation of the Division and being fully
informed of the facts in the matter, hereby enters the following:
FINDINGS OF FACT
1. Operator holds a 112c Construction Materials permit for a 12.5 -acre
rock and gravel operation located in Section 22, Township 12 North, Range 63 West,
61h Principal Meridian in Weld, County, Colorado, permit number M-2012-004. The
site is known as the North Starr Pit.
2. On December 3, 2018, the Division conducted a routine monitoring
inspection of the site. The Division observed that Operator had affected
approximately 7.5 acres outside the approved permit boundary. The area outside of
the permit boundary had been impacted by topsoil and overburden stripping
activity. The Division collected GPS data and photos to document the conditions.
The inspection report was dated December 4, 2018.
3. On December 10, 2018, the Division sent Operator a Reason to Believe
a Violation Exists letter. The Division's letter provided notice regarding the alleged
violations and information about the January 23, 2019 hearing.
4. At the January 23, 2019 hearing, Eric Scott appeared on behalf of the
Division. Mr. Scott testified regarding the affected areas outside the permit
boundaries, describing areas outside the permitted boundary that had been stripped