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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-037 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF UNITED/OLDCASTLE SW GROUP'S POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND <br />CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF THE <br />AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M-1988-037 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 15, 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 <br />protect areas outside of the affected land from slides or damage occurring during the <br />mining operation and reclamation. The file number is M-1988-037. There were no <br />appearances on behalf of United/Oldcastle SW Group ("Operator"). Russ Means <br />appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 112c permit for a 83.3 acre construction <br />materials operation located in Section 13 Southeast 1/ of Northwest 1/, Township 45 <br />North, Range 13 West, 10th Principal Meridian in Montrose County, Colorado, <br />permit number M-1988-037. The site, known as the Norwood Pit, is located <br />northeast of Norwood, Colorado on County Road 44. <br />2. On August 3, 2010 the Division conducted a routine monitoring <br />inspection of the operation and found the Operator had affected approximately 0.05 <br />acres outside of the approved affected land by establishing a safety berm that <br />extended onto a pre-existing dirt road outside of the permit boundary. <br />3. In a letter dated September 13, 2010 the Operator advised the Division <br />that the proper location of the permit boundary had been determined, and the <br />safety berm had been moved back within the permit boundary. <br />United/Oldcastle SW Group <br />Norwood Pit, M-1988-037 <br />MV-2010-037 1