2025-05-05_ENFORCEMENT - M2012010

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV 2025-002 FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION, CORRECTIVE ACTION, AND CIVIL PENALTIES AGAINST LAS ANIMAS COUNTY FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M-2012-010 THIS MATTER came before the Mined Land Reclamation Board ("Board") on January 15, 2025, as a consent agenda matter to consider a possible violation, corrective action, and civil penalties against Las Animas County ("Operator") for failure to protect areas outside of the affected land from slides or damage, file number M-2012-010. The Board, having considered the materials presented with this matter and having been otherwise fully informed of the facts in this matter, hereby enters the following: FINDINGS OF FACT 1. The Operator holds a 112(c) reclamation permit for a 12-acre borrow material for construction site located in Section 3, Township 30 South, Range 64 West, 6th Principal Meridian in Las Animas County, Colorado, permit number M- 2012-010. The site is known as the Jolly Pit. 2. On November 5, 2024, the Division conducted an inspection of the site and found that land had been affected beyond the approved permit boundaries by roads being constructed to the pit that are located outside the permit boundary. The off-site damage affected approximately .25 acres. 3. On November 25, 2024, the Division sent Operator an inspection report. 4. On December 9, 2024, the Division sent Operator a Reason to Believe a Violation Exists letter notifying the Operator of the alleged violations and providing notice of the hearing set for the Board's January 15, 2025 meeting. 5. On December 9, 2024, the Division sent the Operator a Staff Summary Form for Consent Agenda Items, outlining the Division's view of the possible violations, corrective action, and civil penalties.