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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -018 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF MS FOREST, LLC., POSSIBLE VIOLATION, PERMIT <br />REVOCATION, AND FINANCIAL WARRANTY FORFEITURE OF MS FOREST <br />LLC, 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, permit revocation, and financial warranty forfeiture for failure to <br />comply with the conditions of a Board order regarding file number M - 2006 -010. <br />Jared Ebert appeared on behalf of the Division of Reclamation, Mining and Safety <br />( "Division "). There were 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 Board heard this matter on February 9, 2011 as a consent <br />agenda and matter. The Board found the Operator in violation of section 34-32.5 - <br />116(4)(i), C.R.S., for failing to protect areas outside of the affected land from slides <br />or damages occurring during the mining operation. The Board issued an order, <br />effective February 28, 2011 ( "February 2011 Order "). <br />3. In the February 2011 Order, the Board ordered the Operator to cease <br />and desist activities on all lands outside of the approved boundary until all <br />corrective actions are completed and Board imposed a civil penalty of $6,200 with <br />all but $100 of the penalty suspended pending the Operator's timely compliance <br />with the corrective action ordered, payable within 30 days. In the February 2011 <br />Order, the Board further ordered the Operator to complete one of three corrective <br />actions within the specified time period for each option. <br />