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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-011 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY SUMMIT BRICK & TILE <br /> CO., 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-1985-203 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on August 16, 2023, via videoconference, to consider a possible violation by <br /> Summit Brick & Tile Co. ("Operator"), cease and desist order, corrective action, <br /> and civil penalties for failing to obtain a reclamation permit before engaging in a <br /> new mining operation, file number M-1985-203. Amber Michels and Jared Ebert <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> Julie Welte and Steve O'Brian appeared on behalf of Operator. <br /> The Board, having considered the presentations, testimony, materials <br /> submitted, and being otherwise fully informed of the facts in the matter, enters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110(c) reclamation permit for a 9.80-acre clay mining <br /> operation located in Section 1, Township 25 South, Range 65 West, 6th Principal <br /> Meridian, Huerfano County. The site is known as the Edmundson Clay Mine. <br /> 2. On March 16, 2023, the Division conducted a routine monitoring <br /> inspection of the site. The inspection report, signed June 22, 2023, observed that <br /> approximately 3.42 acres had been disturbed beyond the permit boundaries. The <br /> permit history contained discrepancies of where the permit boundary is located and <br /> where mining and reclamation activities have been conducted. <br /> 3. On July 17, 2023, the Division sent the Operator a Reason to Believe a <br /> Violation Exists letter. The Division's letter provided notice regarding the alleged <br /> violations and informed Operator that the matter had been set for a hearing at the <br /> Board's August 16-17, 2023 meeting. <br /> 4. At the August 16, 2023 hearing, the Division presented testimony <br /> regarding the site. The original map approved under the permit has not been <br /> amended or revised since the permit was approved, but the boundary markers at <br />