Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-014 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF GLENN E. SESSIONS & SONS, INC., NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES, File No. M-2007-035 <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 failure to obtain a permit prior to engaging in <br />a new mining operation. The file number is M-2007-035. Gordon Brocher appeared on <br />behalf of Glenn E. Sessions & Sons, Inc. ("Operator"). Peter Hays and Steve Shuey <br />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. The site at issue here is located in Section 9, Township 9 North, Range 79 <br />West, 6t'' Principal Meridian, in Jackson County, Colorado. The 20.31- acre site is near <br />Walden, Colorado. <br />2. On September 17, 2007, the Division approved a 112(c) application for this <br />site that proposed about 20.21 acres of disturbance for mining sand and gravel, file number <br />M-2007-035. The Division set the required financial warranty at $35,527. <br />3. The Operator was required to post the $35,527 financial warranty by <br />September 17, 2008 (365 days from the permit application approval date). <br />4. The Division contacted the Operator on March 30, 2009 following a routine <br />review of file number M-2007-035. The Division sought to determine the status of the pit <br />and the associated financial warranty. The Operator's representative stated that the site was <br />being mined and believed the financial warranty had been submitted to the Division. <br />5. On April 6, 2009, the Division verified the financial warranty had not been <br />submitted and the Operator agreed to stop mining the site and to submit the financial <br />warranty. <br />Glenn E. Sessions & Sons, Inc. <br />M-2007-035 <br />MV-2009-014