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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-019 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MODIFIED ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY CHAMBERLAIN <br /> CONCRETE, CORRECTIVE ACTION, CEASE AND DESIST ORDER, AND CIVIL <br /> PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM SLIDES OR DAMAGES OCCURRING DURING THE <br /> MINING OPERATION, File No. M-2010-043 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on October 18, 2023, to consider possible violations by Chamberlain Concrete <br /> ("Operator"), cease and desist order, corrective action, and civil penalties for <br /> failure to protect areas outside of the affected land from slides or damages <br /> occurring during the mining operation, file number M-2010-043. Amber Michels- <br /> Gibson appeared on behalf of the Division of Reclamation, Mining, and Safety <br /> ("Division"). There was no appearance on behalf of Operator. <br /> The Board, having considered the presentations, testimony, materials <br /> submitted, and being fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110(c) permit for a 9.9-acre sand, gravel, and clay <br /> operation located in Section 14, Township 6 North, Range 47 West, 6th Principal <br /> Meridian in Phillips County, Colorado, permit number M-2010-043. The site is <br /> known as the Falk Pit#1. <br /> 2. On May 25, 2023, the Division conducted a routine inspection of the <br /> site. During the inspection, the Division observed that approximately 1.86 acres of <br /> land located west of the approved permit boundary had been disturbed. The <br /> Division's inspection report, signed July 21, 2023, stated that the area appeared to <br /> have been disturbed between 2016 and 2023 based on Google Earth and Bing Maps <br /> imagery. After the inspection, Operator stated to the Division that it believed it <br /> had conducted the most recent activity in the west side of the creek and that <br /> Operator believed that to be within the permit boundaries. The Division's <br /> inspection report informed Operator that the matter would be brought before the <br /> Board for a hearing. <br />