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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2019-033 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE REQUEST TO MODIFY THE CORRECTIVE ACTIONS OF <br />THE BOARD'S ORDER FOR VIOLATION MV -2019-033 BY GILLETTE SAND AND <br />GRAVEL, INC., File No. M-1992-009 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 22, 2020 in Denver, Colorado as a consent agenda item to consider modifications <br />to the Board's Order for violation MV -2019-033, file number M-1992-009. <br />The Board, having considered the materials presented with this consent agenda <br />item and having been otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for a 32 -acre gravel operation located in <br />Section 4, Township 15 South, Range 69 West, 6th Principal Meridian in Teller County, <br />Colorado, permit number M-1992-009. The site is known as the Gillette Pit. <br />2. Following a hearing held on November 13, 2019, where testimony was <br />presented regarding a possible violation by Gillette Sand and Gravel, Inc. ("Operator") <br />for failure to minimize disturbances to the prevailing hydrologic balance, protect areas <br />outside of the affected land from slides or damages occurring during the mining <br />operation, notify the Division of a failure of an embankment, and follow conditions of a <br />permit, the Board issued an Order imposing corrective actions on Operator (the <br />"Order"). <br />3. Specifically, the Order required Operator to "submit to the Division a <br />permit amendment application to Increase the size of the current 112c Reclamation <br />Permit to include the affected lands outside the approved permit boundary.... The <br />Permit amendment shall also address appropriate process pond designs and control <br />measures to prevent further discharges." <br />4. On March 5, 2020, the Division received a letter from a consultant on <br />behalf of the Operator requesting that the corrective action in the Order be modified to <br />remove the requirement to include affected lands outside the currently approved permit <br />