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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-012 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF CONTINENTAL MATERIALS NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES, File No. M-1977-211 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on May <br />13, 2009 in Denver, Colorado for a hearing to consider a possible violation, cease and desist <br />order, corrective actions and civil penalties for a possible violation of failing to protect areas <br />outside of the affected land from slides or damage occurring during the mining operation and <br />reclamation and for failing to adequately carry out reclamation requirements. The file <br />number is M-1977-211. Jerald Schnabel, Tom Terry and Joe Sum appeared on behalf of <br />Continental Materials ("Operator"). Berhan Keffelew, Tony Waldron and Cheryl Linden, <br />Esq. appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and order. <br />FINDINGS OF FACT <br />1. This site known as the Pike View Quarry, is a Section 112(c) operation that <br />mines limestone. The site is located in Section 9, Township 13 South, Range 67 West, 6th <br />Principal Meridian, in El Paso County, Colorado. The permit area is 236 acres. The site is <br />located at the northwest limits of Colorado Springs, west of the intersection of Interstate 25 <br />and Woodmen Road. <br />2. The quarry has been operated by a succession of owners since about 1904, <br />producing crushed limestone aggregate. The quarry produces about one million tons of <br />crushed limestone products a year. The limestone was mined from the lower slope of a 1,500 <br />to 2,000-foot-high ridge that forms a part of the eastern front of the Rampart Range. The <br />limestone was quarried from the slope in 30-foot-high cuts by drilling and blasting each cut <br />then excavating the shot material with a front-end loader. The current high wall design that <br />forms the east-facing wall of the quarry, has 30-foot-wide catch benches spaced about 30 feet <br />vertically with slopes about 75 degrees from horizontal between benches. The quarry has <br />progressed to the gentle slope at the foot of the ridge in recent years, so the mining <br />Continental Materials <br />Pike View Quarry, M-1977-211 <br />MV-2009-012