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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-002 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY IHC SCOTT, INC., <br /> CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br /> PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br /> ENGAGING IN A NEW MINING OPERATION, File No. M-2022-051 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on January 18, 2023 via videoconference to consider a possible violation by IHC <br /> Scott, Inc. ("Operator"), cease and desist order, corrective action, and a civil <br /> penalty for failing to obtain a reclamation permit before engaging in a new mining <br /> operation, file number M-2022-051. Amy Yeldell appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). Chris Hurly, Esq. <br /> appeared on behalf of Operator. <br /> The Board, having considered presentations, testimony, materials submitted, <br /> and being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. On November 2, 2022, Amy Yeldell of the Division drove along <br /> Highway 13 and observed a large excavation located on the east side of the <br /> highway. Crews were actively removing borrow material and transporting it <br /> further south on Highway 13 for use as fill material in highway improvements. <br /> 2. On November 10, 2022, the Division contacted Tony Roberts, Vice <br /> President of Operations for Operator. Mr. Roberts confirmed that Operator had a <br /> contract for improvements on Highway 13, the project had started earlier in 2022 <br /> and was expected to conclude in September 2023, and that the project was wrapping <br /> up for the winter season and would not recommence until the spring of 2023. The <br /> Division provided Operator with information on activities that constitute mining, <br /> and Operator and the Division arranged for the Division to inspect the site on <br /> December 6, 2022. <br /> 3. On December 6, 2022, the Division conducted an inspection of the site. <br /> The inspection report, signed December 12, 2022, described an estimated 8.5 acres <br /> of affected land. Though the ground was covered in recent snow, Operator had <br /> stripped topsoil during its activities at the site, which made the distinction between <br /> disturbed and undisturbed land evident. The borrow area consist of two main sites. <br />