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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE ALLEGED VIOLATION OF MOBILE PREMIX CONCRETE, INC., FILE NO. <br />M-1982-147. <br />THIS MATTER came before the Mined Land Reclamation Boazd on April 24, 2002 at Denver, <br />Colorado for hearing on a notice of alleged violation issued to Mobile Premix Concrete, Inc. (hereinafter <br />Mobile}, in accordance with § 34-32.5-124(1}, C.R.S. Duane Bollig appeazed on behalf of Mobile. Erica <br />Crosby appeazed on behalf of the Division of Minerals and Geology. The Boazd, having considered the position <br />of the paRies, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter, pursuant to § 34-32.5-124(5), C.R.S. <br />2. Mobile operates a 309 acre 112c sand and gravel mining operation known as the Nyholt/Mann Lake Pit. <br />This operation is located in Section 34, T1S, R67W, Adams County, Colorado. <br />3. On February 27, 2002, the Division inspected the pit in question after receiving two complaints regazding <br />mining outside approved mining limits. During the inspection, the Division found a newly reclaimed pit <br />in an azea not approved for mining. <br />4. Mobile's permit defines a mining border on the southern edge of the pit. This border is defined as 275 to <br />350 feet from the edge of the pit to the centerline of the Branter Ditch. <br />5. A recent survey of the azea indicates that Mobile has disturbed an area between 164 and 220 feet. <br />6. The Division issued Mobile notice of an alleged violation and required corrective action including a permit <br />revision application depicting the actual mining and reclamation limits, a demonstration that its <br />unauthorized operations will not cause adverse affects to the stability of the Branter Ditch, and new mining <br />and reclamation limits. <br />7. MobIle admits that it mined in an unauthorized azea. When the Division notified Mobile of its findings, <br />Mobile surveyed the site, conducted a stability analysis for the Branter Ditch, and submitted an application <br />