Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2011-003 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF MS FOREST, LLC., NOTICE OF POSSIBLE VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE <br />AFFECTED LAND, File No. M-2006-010 <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-2006-010. Jared Ebert appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). There were <br />no appearances on behalf of MS Forest, LLC ("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. During the permitting process, the Operator committed to maintaining a <br />15 foot undisturbed setback from the permit boundary. Because of this commitment, <br />the Operator was approved to affect only 9.1 acres of the site. The site, known as the <br />Feister Pit #1, is located in Section 28, Township 31 South, Range 68 West, 6th <br />Principal Meridian, which is 23.3 miles west of Aguilar, Colorado in Las Animas <br />County, permit number M-2006-010. <br />2. The Division conducted an inspection of the site on December 9, 2010 <br />and found that the Operator had affected approximately 11.4 acres, which is 2.3 <br />acres more than currently approved. The majority of the disturbance outside of the <br />permit/affected land boundary is the result of a topsoil stockpiling operation. <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.