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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-032 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF ELBERT 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-2001-056 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />November 17, 2010 in Denver, Colorado as a consent agenda item to consider a possible <br />violation, Cease and Desist Order, corrective actions and civil penalties for failing to protect <br />areas outside of the affected land from slides or damage occurring during the mining <br />operation. The file number is M-2001-056. There were no appearances on behalf of Elbert <br />County (the "Operator"). Jared Ebert appeared on behalf of the Division of Reclamation, <br />Mining and Safety (the "Division"). <br />The Board, having considered the materials presented with this consent agenda item <br />and having been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 110c permit for a 9.9-acre gravel pit operation <br />located in Section 6, Township 13 South, Range 58 West, 6th Principal Meridian in Elbert <br />County, Colorado. Permit number M-2001-056. The site, known as the Belveal Gravel Pit, <br />is located approximately three miles west and twelve miles south of the town of Matheson. <br />2. The Division conducted a routine monitoring inspection of the site on <br />September 27, 2010 and found that the Operator had affected land outside of the northern <br />and eastern permit boundaries and constructed a haul road outside of the permit area. The <br />Operator has affected approximately 1.49 acres outside of the permit area. <br />3. On October 15, 2010, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter and a copy of the September 27, 2010 Inspection Report. The <br />Division's letter provided notice regarding the alleged violations and information about the <br />possible November 17, 2010 hearing. <br />4. On November 2, 2010 the Operator admitted the violation and agreed to the <br />Division's proposed corrective actions. <br />Elbert County <br />Belveal Gravel Pit, M-2001-056 <br />MV-2010-032