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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-038 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF COULSON EXCAVATING COMPANY, INC.'S POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED <br />LAND FROM SLIDES OR DAMAGE, File No. M-2000-156 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 9, 2009 in Denver, Colorado for a hearing to consider a possible violation, Cease <br />and Desist Order, corrective actions and civil penalties for failing to protect areas outside of <br />the affected land from slides or damage occurring during the mining operation and <br />reclamation. The file number is M-2000-156. Ken Coulson and Peter Wayland appeared on <br />behalf of Coulson Excavating Company Inc. ("Operator"). Michael Cunningham appeared <br />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, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a Section 112c permit for this 90-acre gravel operation <br />located in Section 15, Township 5 North, Range 68 West, 6th Principal Meridian, in Larimer <br />County, Colorado, permit number M-2000-156. The site is known as the Bonser Pit and is <br />located about 2.5 miles east of Loveland and just southwest of the intersection of Interstate <br />25 and Highway 34. <br />2. On November 12, 2009, the Division inspected the site in response to a written <br />complaint from the Larimer County Planning and Building Services Division regarding the <br />construction of a berm. The complaint letter stated the berm was not accounted for in the <br />mining or reclamation plan and that it was perhaps located outside of the permit boundary. <br />3. When the Division inspected the site they found that an earthen berm had been <br />constructed in the northeast corner of the site. The Division surveyed the site using a <br />Trimble GeoXT global positioning system unit. The berm measured 1,060 feet long, from <br />100 to 145 feet wide, and 23 feet high. The berm's total volume is approximately 60,000 <br />cubic yards. The entire length of the berm straddles the permit boundary. The berm's north <br />toe extends 40 feet beyond the northern permit boundary. As a result of the berm, there is <br />Coulson Excavating Co., Inc. <br />Bonser Pit, M-2000-156 <br />MV-2009-038