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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-020 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY YUMA COUNTY ROAD AND <br /> BRIDGE, 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-2023-027 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on November 15, 2023, to consider a possible violation by Yuma County Road and <br /> Bridge ("Operator"), cease and desist order, corrective action, and a civil penalty <br /> for failing to obtain a reclamation permit before engaging in a new mining <br /> operation, file number M-2023-027. Nikie Gagnon appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). Tom Andersen appeared <br /> 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 August 22 and 23, 2023, the Division received complaints from the <br /> public regarding an unpermitted mining operation in Yuma County, Colorado, with <br /> materials from the site being transported to a location 30 miles away. <br /> 2. On August 31, 2023, the Division conducted an inspection of the site. <br /> The inspection report, signed September 18, 2023, described a recent excavation in <br /> the side of a sandhill, which the landowners, Merle and Charlotte Ritchey, stated <br /> they had started to obtain fill sand for landscaping on their adjacent property. Mr. <br /> Ritchey informed the Division that he had placed a "free sand" sign beside the <br /> excavation and that Yuma County Road and Bridge had excavated approximately <br /> 30 truckloads of fill sand that it had moved to the Yuma County Fairgrounds for use <br /> there. <br /> 3. Following the inspection of the site, the Division met with Tom <br /> Andersen, Road Supervisor with Operator, regarding the site and excavation of <br /> materials from it. Mr. Andersen confirmed to the Division that Operator was aware <br /> that the landowners did not have a mining permit and that Yuma County Road and <br /> Bridge had excavated and removed approximately 30 truckloads of material from <br /> the site to the Yuma County Fairgrounds. Mr. Andersen also stated that the wire <br />