Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-008 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY DUSTIN HRIBAR <br /> HUERFANO COUNTY, CORRECTIVE ACTION, PERMIT REVOCATION, <br /> FINDING THE PERFORMANCE WARRANTY SUBJECT TO FORFEITURE AND <br /> CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M-2014-028 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> February 21, 2024, as a consent agenda item to consider a possible violation by <br /> Huerfano County, ("Operator"), corrective action, and civil penalties for failing to <br /> protect areas outside of the affected land from slides or damage, file number M- <br /> 2014-028. <br /> The Board, being fully informed of the facts and having considered the materials <br /> presented in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for a 40-acre sand and <br /> gravel mine located in Section 8, Township 29 South, Range 68 West, 6th Principal <br /> Meridian, in Huerfano County, permit number M-2014-028. The site is known as <br /> Peak View Pit. <br /> 2. On December 12, 2023, the Division of Mining, Reclamation and Safety <br /> ("Division") conducted a routine monitoring inspection of the Peak View Pit. <br /> 3. During the inspection, the Division observed that the Operator had <br /> affected an area of approximately 0.5 acres outside of the approved permit <br /> boundary. The Operator has extended the pit north of the approved permit area and <br /> had also failed to protect this land from slides or damage during the mining <br /> operation. <br /> 4. On December 21, 2023, the Division sent an inspection report to the <br /> Operator. <br /> 5. On January 18, 2024, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter, informing the Operator of the possible violation <br /> and providing details regarding a hearing on this matter scheduled for February 21- <br /> 22, 2024. <br />