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• <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2012-008 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY KW. ENTERPRISES, LLC, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS,AND CIVIL PENALTIES <br /> FOR FAILING TO PROVIDE INFORMATION SUFFICIENT TO DETERMINE THE <br /> LOCATION OF AFFECTED LAND AND PROPOSED ROADS OR ACCESS ROUTES, <br /> FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES <br /> OR DAMAGE,AND FAILING TO COMPLY WITH A PERMIT, File No. M-2010-026 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> February 8, 2012 in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by K.W. Enterprises, LLC ("Operator"), cease and desist order, <br /> corrective actions, and civil penalties for failing to provide information sufficient to <br /> determine the location of affected land and proposed roads or access routes, failing <br /> to protect areas outside of the affected land from slides or damage, and failing to <br /> comply with a permit, file number M-2010-026. <br /> The Board, being fully informed of the facts in the matter, enters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110c permit for a 9.9-acre sand and gravel <br /> operation in Section 9, Township 39 North, Range 2 East, New Mexico Principal <br /> Meridian, Archuleta County, Colorado. The site is known as the West Gerald <br /> Fitzgerald Pit. <br /> 2. On November 29, 2011, the Division of Reclamation, Mining and <br /> Safety ("Division") inspected the Fitzgerald Pit, file number M-1995-085. The <br /> Fitzgerald Pit, a nearly fully-reclaimed site, is adjacent to the West Gerald <br /> Fitzgerald Pit. During the inspection, the Division found that conditions at the <br /> site have changed since the previous inspection. Specifically, the Division found <br /> that the flat lower graveled area within the Fitzgerald Pit area contains a scale, <br /> scale house, and metal debris that was not present in the past. Additionally, a <br /> road has been cut into the slope along the north edge of the excavated area of the <br /> Fitzgerald Pit. The disturbances are due to activities related to the West Gerald <br /> Fitzgerald Pit. <br />