2023-02-27_ENFORCEMENT - M2003002

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLOR-ADO Notice of Violation No. MV-2023-001 FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY HCR HIGH COUNTRY REPAIR, CORRECTIVE ACTION, CEASE AND DESIST ORDER, AND CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A BOARD ORDER, PERMIT OR REGULATION, File No. M-2003-002 THIS MATTER came before the Mined Land Reclamation Board ("Board") on December 14, 2022, via videoconference to consider possible violations by HCR High Country Repair ("Operator"), cease and desist order, corrective action, and civil penalties for failure to comply with the conditions of a Board Order, permit or regulation, file number M-2003-002. Patrick Lennberg appeared on behalf of the Division of Reclamation, Mining, and Safety ("Division"). Natasha Goldberg appeared on behalf of Operator. The Board, having considered the testimony and the materials presented and having been otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110(c) permit for a 9.9-acre gravel operation located in Section 35, Township 25 South, Range 66 West, 6th Principal Meridian in Huerfano County, Colorado, permit number M-2003-002. The site is known as the Ghost River Gravel Pit. 2. Through an Order effective on October 22, 2021, the Board found Operator in violation of section 34-32.5-116(4)(i), C.R.S. for failure to protect areas outside affected land from slides or damage occurring during mining or reclamation (the "October 22, 2021 Order"). 3. The October 22, 2021 Order included a corrective action requiring Operator to "submit to the Division a permit conversion application to include the affected lands outside the approved permit boundary. The Operator shall submit the conversion application within 90 days of the effective date of this Order, with all material in an approvable form within statutory deadlines."