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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-012 <br />ORDER <br />IN THE MATTER OF CONTINENTAL MATERIALS' REQUEST FOR <br />MODIFICATION, File No. M-1977-211 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />June 9, 2010 in Denver, Colorado for a hearing to consider a Continental Materials' (the <br />"Operator") request for a modification of the Board Order for violation MV-2009-012. The <br />file number is M-1977-211. Jerald Schnabel, Tom Terry and Mac Shafer appeared on behalf <br />of the Operator. Berhan Keffelew and Tony Waldron appeared on behalf of the Division of <br />Reclamation, Mining and Safety (the "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: <br />1. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (2009) ("Act"). <br />2. The Pike View Quarry, is a Section 112(c) operation that mines limestone. <br />The site is located in Section 9, Township 13 South, Range 67 West, 6th Principal Meridian, <br />in El Paso County, Colorado. The permit area is 236 acres. The site is located at the <br />northwest limits of Colorado Springs, west of the intersection of Interstate 25 and Woodmen <br />Road. <br />3. In December 2008, the site experienced a slope failure. The total slide area <br />where the slope failed was about 14.8 acres. The slide volume was estimated between 1.5 <br />and 2.5 million cubic yards. The scarp of the slide was up to 70-feet high. <br />4. As a result of the slope failure, in May 2009 the Board found the Operator in <br />violation of § 34-32.5-116(4)(1), C.R.S., for failing to protect areas outside of the affected <br />land from slides or damage occurring during the mining operation and reclamation; and in <br />violation of § 34-32.5-116(4)(q)(1), C.R.S., for failing to mine according to the mine and <br />reclamation plan, MV-2009-012. In addition to a penalty, the Board issued a Cease and <br />Desist Order preventing the Operator from conducting any further mining with the exception <br />of a portion of the land for loading material previously mined. The Cease and Desist Order <br />Continental Materials <br />Pike View Quarry, M-1977-211 <br />MV-2009-012