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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2019-029 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY WASHINGTON COUNTY, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br /> FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND <br /> FROM SLIDES OR DAMAGE, File No. M-1983-050 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> October 23, 2019 in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by Washington County ("Operator"), cease and desist order, <br /> corrective action, and civil penalties for failing to protect areas outside of the <br /> affected land from slides or damage, file number M-2000-084. <br /> The Board, being fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110c reclamation permit for an 9.9-acre gravel <br /> site located in Section 25, Township 5 North, Range 49 West, 6th Principal <br /> Meridian in Washington County, Colorado, permit number M-2000-084. The site is <br /> known as the Aaegeson Pit. <br /> 2. On August 14, 2019, the Division conducted a routine monitoring <br /> inspection of the site. Robert Frick of Washington County attended the inspection <br /> on behalf of the Operator. During the inspection, the Division noted that areas <br /> outside the pit had been affected and that the disturbance appeared to have been <br /> made while contouring the pit area to its final configuration during the reclamation <br /> process. The offsite areas affected consisted of 1.1 acres. <br /> 3. On August 28, 2019, the Division mailed the Operator a copy of the <br /> August 12, 2019 inspection report and a Reason to Believe a Violation Exists letter, <br /> informing the Operator of the possible violation and providing details regarding a <br /> hearing on this matter scheduled for October 23, 2019. <br /> 4. On October 17, 2019, the Operator signed the consent agreement <br /> admitting the violation and agreed to the Division's recommendations to the Board. <br />