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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2024-019 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION, CORRECTIVE ACTION, AND <br /> CIVIL PENALTIES AGAINST SMITH'S MATERIALS, LLC FOR FAILING TO <br /> PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR <br /> DAMAGE, File No. M-2001-001 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 18, 2024, as a consent agenda matter to consider a possible violation, <br /> corrective action, and civil penalties against Smith's Materials, LLC ("Operator") for <br /> failure to protect areas outside of the affected land from slides or damage, file <br /> number M-2001-001. <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 22.6-acre sand and <br /> gravel site located in Section 22, Township 33 North, Range 14 West, 6th Principal <br /> Meridian in Montezuma County, Colorado, permit number M-2001-001. The site is <br /> known as the Line Camp Pit. <br /> 2. On June 18, 2024, the Division conducted an inspection of the site and <br /> found that land had been affected beyond the approved permit boundaries by <br /> clearing an area north of the permit boundary to use as a processing area. <br /> Approximately 1.5 acres of land were affected outside the permit boundary. <br /> 3. On June 28, 2024, the Division sent Operator an inspection report. <br /> 4. On July 2, 2024, the Division sent Operator a Reason to Believe a <br /> Violation Exists letter notifying the Operator of the alleged violations and providing <br /> notice of the hearing set for the Board's September 18, 2024 meeting. <br /> 5. The Division sent the Operator a Staff Summary Form for Consent <br /> Agenda Items, outlining the Division's view of the possible violations, corrective <br /> action, and civil penalties. <br />