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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2011-004 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF FEBBRARO CONSTRUCTION COMPANY, NOTICE OF <br />POSSIBLE VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES FOR FAILURE TO PROTECT AREAS <br />OUTSIDE OF THE AFFECTED LAND, File No. M-2004-028 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 9, 2011 in Denver, Colorado as a consent agenda item to consider a <br />possible violation, cease and desist order, corrective actions, and civil penalties for <br />failure to protect areas outside of the affected land from slides or damages occurring <br />during the mining operation, file number is M-2004-028. Jared Ebert appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). There were <br />no appearances on behalf of Febbraro Construction Company ("Operator"). <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 />hereby enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 9.9-acre sand and gravel <br />operation. The site, known as the Broyles Pit, is located in Section 7, Township 32 <br />South, Range 61 West, 6th Principal Meridian, which is approximately 14 miles <br />northeast of Trinidad, Colorado in Las Animas County, permit number M-2004-028. <br />2. The Division conducted an inspection of the site on December 10, 2010 <br />and found that the Operator had affected approximately 1.8 acres outside of the <br />permit boundary. The land affected outside of the permit boundary appears to be a <br />product storage area containing two large stockpiles and several small stockpiles of <br />mined material. <br />3. On December 22, 2010 the Division sent the Operator a Reason to <br />Believe a Violation Exists letter which provided notice regarding the alleged violation <br />and the hearing. <br />4. The Operator admitted the violation asserted by the Division, agreed <br />to the proposed corrective action, and agreed to the civil penalty.