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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -026 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BACA COUNTY, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM <br />SLIDES OR DAMAGE, File No. M- 2003 -019 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />December 7, 2011 in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Baca County ( "Operator "), cease and desist order, corrective <br />actions, and civil penalties for failing to protect areas outside of the affected land <br />from slides or damage, file no. M- 2003 -019. There were no appearances on behalf of <br />the Operator. Jared Ebert 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 110c permit for a 9.4 -acre sand and gravel <br />operation in the NW 1 /4 of the NE 1/ of Section 4, Township 28 South, Range 49 <br />West, 6th Principal Meridian, Baca County, Colorado. The site, known as the Re- <br />open Gravel Pit #18 Pipe Springs Ranch, LLC site, is located approximately 18 <br />miles north and 3.5 miles west of Pritchett, Colorado in Baca County. <br />2. On August 31, 2011, the Division inspected the site. Jean Adams, <br />representing the Operator, accompanied the Division on the inspection. During the <br />inspection, the Division found that the shape, size, and orientation of the marked <br />boundary does not correspond to the information provided in the permit application. <br />The Division measured the affected land and also found that the Operator affected <br />approximately 1.13 acres outside the approved permit boundary. <br />3. On September 22, 2011, the Division sent the Operator a Reason to <br />Believe a Violation Exists letter and a copy of the Division's August 31, 2011 <br />Inspection Report. The Division's letter provided notice regarding the alleged <br />violations and information about the December 7, 2011 hearing. <br />