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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE ALLEGED VIOLATIONS OF MOBILE PREMIX CONCRETE, INC., HOWE P[T, FILE NO. M-1978-052 THIS MATTER came before the Mined Lands Reclamation Boazd on December 12, 2001 at Denver, Colorado for hearing on a notice of alleged violations issued by the Division of Minerals and Geology (Division) to Mobile Premix Concrete, Inc. (Mobile) in accordance with § 34-32.5-124, C.R.S. John Hickman appeared on behalf of Castle Rock Construction (Castle Rock). Bruce Humphries, Allen Sorenson and Cheryl Linden, First Assistant Attorney General, appeared on behalf of the Division. The Boazd, having considered the testimony and exhibits of the parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Mobile operates a 112c surface sand and gravel pit, in accordance with Permit No. M-1978-052, known as the Howe Pit, in Section 4, T2S, R67W, 6'h P.M., Adams County, Colorado. 2. The Division had given Mobile a September 14, 2001 notice of an alleged violation regazding its failure to protect azeas outside the affected land from damage, failure to minimize disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area, and failure to protect the quantity and quality of surface and groundwater systems. The Division essentially alleged that Mobile had caused the failure of a levee between a feature known as the Bull Seep channel and the South Platte River. 3. The Division has since received new information that leads to the conclusion that the damage was not caused by Mobile's actions. Therefore, the Division is withdrawing its allegations. The Division also offered a written rationale for its actions. 4. Mobile offered no exhibits, but did note that the Division mis-cited a date in pazagraph 4 of its rationale. Mobile also took issue with the Division's conclusion regarding the cause of the levee failure. 5. Any disagreement regazding the underlying facts of this matter is irrelevant because the Division has withdrawn its allegations.