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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2023-012 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY COULSON EXCAVATING <br /> COMPANY, INC., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, <br /> AND CIVIL PENALTIES FOR FAILURE TO OBTAIN A RECLAMATION <br /> PERMIT PRIOR TO ENGAGING IN A NEW OPERATION, File No. M-1986-123 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 20, 2023, via video conference to consider possible violations by Coulson <br /> Excavating Company, Inc. ("Operator"), cease and desist order, corrective action, and <br /> civil penalties for failing to obtain a reclamation permit prior to engaging in a new <br /> operation, file number M-1986-123. Patrick Lennberg and Jared Ebert appeared on <br /> behalf of the Division of Reclamation, Mining and Safety ("Division"). Peter Wayland <br /> appeared on behalf of Operator. <br /> The Board, having considered the testimony and the materials presented and <br /> having been otherwise fully informed of the facts in the matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c permit for a 79.8-acre sand and gravel <br /> operation located in Section 15, Township 5 North, Range 68 West, 6th Principal <br /> Meridian in Larimer County, Colorado, permit number M-1986-123. The site is <br /> known as the Kirtright Pit. <br /> 2. Mining last occurred at the site in 2008 and reclamation work had <br /> since been completed. The Division has been waiting for Operator to receive final <br /> approval of a water augmentation plan prior to final release of the financial <br /> warranty. <br /> 3. On June 27, 2023, the Division conducted a priority monitoring <br /> inspection due to an increase in public inquiries regarding mining at the site. Ken <br /> Coulson was present at the inspection on behalf of the Operator. <br /> 4. During the inspection, the Division determined that Operator had <br /> affected approximately 4.7 acres of land outside the approved permit boundary. <br /> The Division observed recent grading disturbances, including grading and filling in <br /> ponds located in the northwest quadrant of the permitted area. Operator stated to <br /> the Division that this was being done to help improve the chances for approval of <br /> the permanent augmentation plan for the site by filling the Pond 1 area. Land <br />