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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -035 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY FREMONT PAVING & REDIMIX, <br />INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO PROTECT <br />AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M- <br />2000 -041 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />December 12, 2012 in Denver, Colorado to consider a possible violation by Fremont Paving & <br />RediMix, Inc. ( "Operator "), corrective actions, and civil penalties for failing to obtain a <br />reclamation permit prior to engaging in a new operation and failing to protect areas outside of <br />the affected land from slides or damage, file number M- 2000 -041. John Paul Ary appeared on <br />behalf of the Operator. Tim Cazier appeared on behalf of the Division of Reclamation, Mining <br />and Safety ( "Division "). <br />The Board, having considered the materials presented with this agenda item and <br />having been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for an 448 -acre sand and gravel operation <br />located in Section 35, Township 20 South, Range 63 West, 6th Principal Meridian in Pueblo <br />County, Colorado, permit number M- 2000 -041. The site, known as the Evans #2 Pit, is located <br />approximately ten miles east of Pueblo, Colorado. <br />2. On July 27, 2012, the Division conducted a monitoring inspection to follow -up an <br />inspection on February 1, 2012. The Division also met with the Operator and John Sliman, a <br />neighboring sod farmer. John Paul Ary and Denise Gonzales represented the Operator at the <br />inspection. John Van Oort, of the Colorado Division of Water Resources, was also present <br />during the inspection. The Division found that the site was active. The Division confirmed that <br />topsoil stockpiles observed near the north boundary of the permit area during the February 1, <br />2012 inspection were outside the permit boundary. The topsoil stockpiles encompass <br />approximately 10.5 acres. <br />3. On October 23, 2012, the Division discussed the history and ownership status of <br />the topsoil stockpiles with the Operator. The Operator orally committed to providing a letter <br />from the landowner addressing the issues. <br />4. Stonewall Springs Quarry, LLC ( "Stonewall Springs Quarry") owns the affected <br />area outside the permit area and owns the Evans #2 Pit area. <br />5. On October 29, 2012, the Division received a mine permit application from <br />Stonewall Springs Quarry ( "Stonewall Springs Application "). If the Stonewall Springs <br />Application is approved, the topsoil stockpiles will be incorporated into a separate permit. <br />