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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-009 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MODIFIED ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY TAMROCK GRAVEL, LLC, <br /> CORRECTIVE ACTION, CEASE AND DESIST ORDER, AND CIVIL PENALTIES <br /> FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND <br /> FROM SLIDES OR DAMAGES OCCURRING DURING THE MINING <br /> OPERATION, File No. M-2012-023 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on February 21, 2024, to consider possible violations by Tamrock Gravel, LLC <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-2012-023. Amber Gibson <br /> appeared on behalf of the Division of Reclamation, Mining, and Safety ("Division"). <br /> Brent and Tami Tamburelli and Stevan O'Brian appeared 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 112(c) permit for a 21-acre crushed stone <br /> operation located in Section 3, Township 33 South, Range 65 West, 6th Principal <br /> Meridian in Las Animas County, Colorado, permit number M-2012-023. The site is <br /> known as the Shot Rock Pit. <br /> 2. On August 22, 2023, the Division received a citizen comment asking <br /> for information about the site, including information regarding a tuck scale that the <br /> Operator had installed on adjacent land. <br /> 3. On October 24, 2023, the Division conducted an inspection of the site. <br /> During the inspection, the Division observed that approximately .62 acres of land <br /> had been affected outside the permit boundaries. This area included a road that <br /> had been improved, areas along an access road where stockpiles of material had <br /> been placed, and the foundation of a scale that had been used in the mining <br /> operation. At the time of the inspection, the Division was not able to access the pit <br /> due to a lack of access from the landowner. The inspection report, signed November <br /> 6, 2023, noted the offsite impacts as a potential violation of failure to protect areas <br />