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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-012 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND 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 ("Board") on <br />May 11, 2011 in Denver, Colorado to consider Continental Materials' ("Operator") <br />request for a modification of the Board Order for violation MV-2009-012, file <br />number M-1977-211. M.L. "Mac" Shafer and William Fronczak, Esq. appeared on <br />behalf of the Operator. Berhan Keffelew and Tony Waldron appeared on behalf of <br />the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5-104 through 107, and 124 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, §§ 34-32.5-101 through 125, C.R.S. ("Act"). <br />2. The Pike View Quarry, is a Section 112(c) operation that mines <br />limestone. The site is located in Section 9, Township 13 South, Range 67 West, 6th <br />Principal Meridian, in El Paso County, Colorado. The permit area is 236 acres. The <br />site is located at the northwest limits of Colorado Springs, west of the intersection <br />of Interstate 25 and Woodmen Road. <br />3. In December 2008, the site experienced a slope failure. The total <br />slide area where the slope failed was about 14.8 acres. The slide volume was <br />estimated between 1.5 and 2.5 million cubic yards. The scarp of the slide was up <br />to 70-feet high. <br />4. As a result of the slope failure, in May 2009 the Board found the <br />Operator in violation of section 34-32.5-116(4)(i), C.R.S., for failing to protect areas <br />outside of the affected land from slides or damage occurring during the mining <br />operation and reclamation; and in violation of section 34-32.5-116(4)(q)(1), C.R.S., <br />for failing to mine according to the mine and reclamation plan, MV-2009-012. In <br />addition to a penalty, the Board issued a Cease and Desist Order, preventing the <br />Operator from conducting any further mining with the exception of a portion of the <br />land for loading material previously mined. The Cease and Desist Order is in effect