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i • <br />~~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 HIGH FLUME GRAVEL PIT, INC., FILE NO. M-1990-093 <br />NOTICE OF VIOLATION MV-2001.022, CEASE AND DESIST ORDER, AND ASSESSMENT <br />OF CIVIL PENALTIES FOR DISTURBING AREAS OUTSIDE THE AFFECTED AREA <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on Mazch 2l, <br />2001, for a hearing pursuant to Section 34-32.5-124, C.R.S. Mr. Keith Waterman represented the High <br />Flume Gravel Pit, Inc. ("High Flume"). The Boazd, having considered the petition, the testimony and <br />exhibits of the parties, and having been otherwise fully informed in the premises, hereby makes the <br />following Findings of Fact and Conclusions of Law, and enters the following Declazatory Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />High Flume is permitted to conduct a 9.8 acre 110 surface sand and gravel operation in <br />La Plata County, Colorado, Section 14, T33N, R10W, N.M.P.M., pursuant to Permit <br />No. M-1990-093. <br />2. The Board conducted a Forma] Public Heating on March 21, 2001, to consider a <br />possible violation of the provisions of Section 34-32.5-116(4){i), C.R.S., for failure to <br />protect aeeas outside the affected land from mining-related damage. <br />3. High Flume reported to the Division that it had disturbed areas outside the permitted <br />affected area, and the Division inspected the site on February 2, 2001. The Inspection <br />revealed that High Flume had installed a pipeline fxom the mesa-top permit azea <br />downhill to a gravel storage and loadout azea at the base of the mesa. The installation of <br />the pipeline resulted in approximately one to two acres of disturbance outside the <br />permitted affected area. <br />4. The Board finds that the off-site disturbances noted by the Division during its February <br />2, 200]„ inspection constitute damage to areas outside the affected land in violation of <br />Section 34-32.5-116(4)(1), C.R.S. <br />5. The Boazd finds that the violation lasted for 47 days. <br />6. The Boazd finds that a civil penalty in the amount of $100.00 per day, for a total of <br />$4,700.00, should be assessed to High Flume. The Board further finds it appropriate to <br />suspend all but $500.00 of the civil penalty in light of the permittee's self-reporting and <br />its pre-hearing progress on converting its permit to a 112 permit to include the disturbed <br />aeeas, as well as to encourage compliance with the corrective action set forth below. <br />