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2024-05-31_ENFORCEMENT - M1992051
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2024-05-31_ENFORCEMENT - M1992051
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Last modified
8/8/2024 9:15:45 AM
Creation date
6/3/2024 8:51:48 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1992051
IBM Index Class Name
Enforcement
Doc Date
5/31/2024
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Mike Langston - Langston Concrete, Inc.
Violation No.
MV2024004
Email Name
CMM
HR1
ZTT
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2024-004 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION, CORRECTIVE ACTION, AND <br /> CIVIL PENALTIES AGAINST LANGSTON CONCRETE, INC. FOR FAILING TO <br /> OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING <br /> OPERATION AND FAILING TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M-1992-051 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> April 17, 2024, as a consent agenda matter to consider a possible violation, <br /> corrective action, and civil penalties against Langston Concrete, Inc. ("Operator") <br /> for failure to protect areas outside of the affected land from slides or damage, file <br /> number M-1992-051. <br /> The Board, having considered the materials presented with this matter and <br /> having been otherwise fully informed of the facts in this matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112(c) reclamation permit for a 77.4-acre sand and <br /> gravel site located in Section 21, Township 19 South, Range 69 West, 6th Principal <br /> Meridian in Fremont County, Colorado, permit number M-1992-051. The site is <br /> known as the Florence Sand & Gravel Pit. <br /> 2. On January 23, 2024, the Division conducted an inspection of the site <br /> and found that land had been affected beyond the approved permit boundaries. The <br /> Division, through discussions with the Operator, confirmed that land outside the <br /> permit boundaries had been affected. <br /> 3. On February 21, 2024, the Division conducted a follow up inspection to <br /> determine the specific acreage of affected land outside the approved permit <br /> boundaries. The area of the off-site disturbance is approximately 2.8 acres. <br /> 4. On February 27, 2024, the Division sent Operator an inspection report <br /> and a Reason to Believe a Violation Exists letter notifying the Operator of the <br /> alleged violations and providing notice of the hearing set for the Board's April 17, <br /> 2023 meeting. <br /> 5. On March 6, 2023, the Division sent the Operator a Staff Summary <br /> Form for Consent Agenda Items, outlining the Division's view of the possible <br /> violations, corrective action, cease and desist order, and civil penalties. <br />
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