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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2019-020 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY ROCKY MOUNTAIN <br /> AGGREGATE & CONSTRUCTION, LLC; CEASE AND DESIST ORDER; <br /> CORRECTIVE ACTIONS; AND CIVIL PENALTIES FOR FAILING TO OBTAIN <br /> A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW OPERATION, <br /> File No. M-2019-033 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> July 24, 2019 in Denver, Colorado to consider the possible violation by Rocky <br /> Mountain Aggregate & Construction, LLC ("Operator"), cease and desist order, <br /> corrective actions, and civil penalties for failing to obtain a reclamation permit prior <br /> to engaging in a new operation, file number M-2019-033. Stephanie Mitchell <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> Michael Ripp of MVR Resources appeared on behalf of Operator. <br /> The Board, being fully informed of the facts in the matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator operates sand and gravel operation located in Section 22, <br /> Township 49 West, Range 10 West, &h Prime Meridian in Montrose County, <br /> Colorado, file number M-2018-018. The site's current area of disturbance is <br /> approximately 3 acres. <br /> 2. On June 4, 2019, the Division of Reclamation, Mining and Safety <br /> ("Division") received a citizen complaint about a possible illegal mining operation at <br /> the site. <br /> 3. On June 7, 2019, the Division inspected the site. During the <br /> inspection, the Division observed a loader, several trucks, and a belly dump on site <br /> and approximately 3 acres of disturbed land. The site was not active during the <br /> inspection. <br /> 4. The inspection report, signed June 14, 2019, stated that the Division <br /> had contacted Operator who indicated that the site is used to construct roads to <br /> support a hemp growing operation. Some of the mined material, however, also <br /> appeared to have been hauled off site for use as road base or fill. During the <br /> inspection, Operator also indicated that removal of materials began in March 2019 <br />