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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2009-030 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF MORGAN SAND AND GRAVEL, INC., NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES FOR FAILURE TO STABILIZE ALL SURFACE AREAS OF THE <br />AFFECTED LAND, File No. M-1977-094 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 7, 2009 in Denver, Colorado for a hearing to consider a possible violation, cease and <br />desist order, corrective actions and civil penalties for failing to protect areas outside the <br />affected area from damage occurring during the mining operation and reclamation, or failing <br />to protect and stabilize all surface areas of the affected land, including spoil piles, to <br />effectively control erosion. The file number is M-1977-094. Greg Westhoff appeared on <br />behalf of Morgan Sand & Gravel, Inc. ("Operator"). Michael Cunningham appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and testimony and having <br />been otherwise fully informed of the facts in the matter, hereby enters the following findings <br />of fact, conclusions of law and order: <br />FINDINGS OF FACT <br />1. The Westhoff Pit is operated by Morgan Sand & Gravel. The pit is located in <br />Section 34, Township 5 North, Range 58 West, 6th Principal Meridian, in Morgan County, <br />Colorado. The Operator holds a Section 1 l Oc construction materials reclamation permit for <br />the site, permit number M-1977-094. The 40-acre site is located approximately nine miles <br />north of Fort Morgan, Colorado. <br />2. In July 2009, the Division received a complaint on behalf of the Longacre <br />Ranch.' The Longacres own property surrounding the site. They complained that the <br />Operator is illegally storing and disposing of waste. Also, the Longacres allege that because <br />of erosion, sediment is being transported from the site onto their property. <br />' The complaint letter received by the Division was from an attorney representing "the Longacre Ranch, RLLP and <br />the individual property owners of Longacre Ranch." The Longacre Ranch, RLLP and the Ranch's individual <br />property owners are referred t here as "the Longacres". <br />Morgan Sand & Gravel, Inc. <br />Westhoff Pit 1 <br />M-1977-094 <br />MV-2009-030