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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2019-027 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY PHILLIPS COUNTY, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br /> FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM <br /> 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 Phillips County ("Operator"), cease and desist order, corrective <br /> action, and civil penalties for failing to protect areas outside of the affected land <br /> from slides or damage, file number M-1983-050. <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 sand and <br /> gravel site located in Section 16, Township 9 North, Range 44 West, 6th Principal <br /> Meridian in Sedgwick County, Colorado, permit number M-1983-050. The site is <br /> known as the State Land-Jensen Pit. <br /> 2. On August 12, 2019, the Division conducted a routine monitoring <br /> inspection of the site. Mike Salyards, Pam Jensen, and Kevin Scott, all with <br /> Phillips County, attended the inspection on behalf of the Operator. During the <br /> inspection, the Division could not locate two permit boundary markers on the <br /> northern boundary of the site. <br /> 3. Following the inspection, the Division imported the permit map into <br /> Google Earth to verify the location of the boundary markers. The Division noticed <br /> that Operator's annual report map does not match the permit map and that mining <br /> operations had been conducted according to the annual report map. Due to this <br /> discrepancy, Operator has mined outside the permitted boundary and placed the top <br /> soil stockpile outside the permitted boundary. The disturbance outside of the <br /> boundary consists of 1.1 acres. <br /> 4. On September 4, 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 />