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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2022-017 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY KURT ARNUSH, CEASE AND <br /> DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br /> FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A <br /> NEW MINING OPERATION, File No. M-1981-287 <br /> THIS MATTER,came before the Mined Land Reclamation Board (`Board") on <br /> October 19, 2022 in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by Kurt Arnush ("Operator"), cease and desist order, corrective <br /> action, and civil penalties for failing to obtain a reclamation permit prior to <br /> engaging in a new operation, file number M-1981-287. <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 110(c) reclamation permit for a 9.8-acre sand and <br /> gravel site located in Section 23, Township 1 North, Range 63 West, 6th Principal <br /> Meridian in Weld County, Colorado, permit number M-1981-287. The site is known <br /> as the Arnush Gravel Pit#3. <br /> 2. On June 14, 2022, the Division conducted a routine monitoring <br /> inspection and found that the Operator had affected area outside the currently <br /> approved permit area. <br /> 3. On June 22, 2022, the Division returned to the site to collect GPS data <br /> to determine the extent of the affected area beyond the permit area. <br /> 4. On July 11, 2022, the Division mailed the Operator a Reason to Believe <br /> a Violation Exists letter, informing the Operator of the possible violations and <br /> Providing details regarding a hearing on this matter before the Board. <br /> 5. On August 17, 2022, the Board continued the hearing for 60 days. <br /> 6. On August 24, 2022, the Division contacted Operator and discussed the <br /> nature of the possible violation and the terms of a consent order. The Division <br /> excluded approximately 0.18 acres, described by Operator as a topsoil recovery area, <br /> from the area viewed as part of the potential violation. <br />