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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-037 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF KIOWA COUNTY'S POSSIBLE VIOLATION, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL PENALTIES FOR FAILING TO <br />PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR <br />DAMAGE, File No. M-1991-078 <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-1991-078. There were no appearances on behalf of <br />Kiowa County ("Operator"). Jared Ebert appeared on behalf of the Division of Reclamation, <br />Mining and Safety ("Division"). <br />The Board, having considered the Division's presentation 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 110c permit for this 9.6-acre gravel operation <br />located in Section 25 Southeast 1/4, Township 20 South, Range 55 West, 6th Principal <br />Meridian, in Crowley County, Colorado, permit number M-1991-078. The site is known as <br />the Peters Pit and is located about eleven miles northeast of Sugar City. <br />2. The Division conducted a routine monitoring inspection of the site on October <br />19, 2009. The Division found that the Operator has disturbed land outside of the permit <br />boundary. The site's mining plan and map show only one 500 foot mine access road from <br />Kiowa County Road 1, Crowley County Lane 31. The Division saw three roads leading into <br />the mine operation branching off of the access road. One road branches northwest, one <br />continues almost due west and the last road branches southwest. Two of the roads (the ones <br />heading due west and southwest) are improved and appear to be maintained for the mining <br />operation. The road branching northwest is improved but does not appear to be in use <br />because weeds have established themselves in the roadway. Each road is about 14 feet wide <br />on average. The Division collected on-site measurements using a Trimble GeoXT global <br />positioning unit. <br />Kiowa County <br />Peters Pit, M-1991-078 <br />MV-2009-037