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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -022 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY OLDCASTLE SW GROUP, <br />INC., DB /A UNITED COMPANIES OF MESA COUNTY, CEASE AND DESIST <br />ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO <br />PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR <br />DAMAGE, File No. M- 1986 -002 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on September 14, 2011 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Oldcastle SW Group, Inc., d/b /a United Companies of Mesa <br />County ( "Operator "), cease and desist order, corrective actions, and civil penalties <br />for failing to obtain a reclamation permit before engaging in a new mining <br />operation, file number M- 1986 -002. There were no appearances on behalf of the <br />Operator. Travis Marshall appeared on behalf of the Division of Reclamation, <br />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 110c permit for an 8.4 -acre sand and <br />gravel operation located in Section 28, Township 12 South, Range 99 West, 6th <br />Principal Meridian in Mesa County, Colorado, permit number M- 1986 -002. The site, <br />known as the Craig Ranch Pit, is located southeast of Grand Junction, Colorado. <br />2. On March 4, 2011, the Operator submitted an application to convert <br />permit number M- 1986 -002 from a 110c to a 112c permit. <br />3. On August 1, 2011, the Operator notified the Division about a possible <br />unpermitted activity at the site in the form of a haul road the Operator constructed <br />off of Highway 141. <br />4. On August 2, 2011, the Division inspected the site and found a new <br />access road and improvement of an existing road to support the proposed operation. <br />The Operator affected approximately three acres outside of the approved affected <br />land and outside the proposed 112c permit area. <br />