2023-09-18_ENFORCEMENT - M2003002

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV-2023-001 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY OF HCR HIGH COUNTRY REPAIR, File No. M-2003-002 THIS MATTER came before the Mined Land Reclamation Board ("Board") on August 16, 2023, via videoconference for a hearing to consider forfeiture of the financial warranty for HCR High Country Repair ("Operator"), file number M- 2003-002. Amber Michels, Jared Ebert, Russ Means, and First Assistant Attorney General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining, and Safety ("Division"). Kendra Oyen, court-appointed personal representative of Operator's founder, 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)(1), 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."