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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV 2013 -002 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY SANBORN SAND AND GRAVEL, <br />D /B /A GOLDEN CROSS AGGREGATE, CEASE AND DESIST ORDER, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES FOR FAILING TO PROTECT AREAS OUTSIDE OF <br />THE AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M -1984 -094 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on January <br />9, 2013 in Denver, Colorado as a consent agenda item to consider a possible violation by <br />Sanborn Sand and Gravel, d/b /a Golden Cross Aggregate ( "Operator "), cease and desist order, <br />corrective actions, and civil penalties for failing to protect areas outside of the affected land <br />from slides or damage during the mining operation, file number M- 1984 -094. <br />The Board, having considered the materials presented with this consent agenda item <br />and 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 a 30.5 -acre sand and gravel operation located <br />in Section 32, NW 'A of Township 9 South, Range 77 West, 6th Principal Meridian in Park <br />County, Colorado, permit number M- 1984 -094. The site is known as the Gloria Z Mine. <br />2. On August 30, 2012, the Division of Reclamation, Mining and Safety <br />( "Division ") inspected the site. The Division found that Operator failed to follow the <br />approved mining plan and required the Operator to submit a Technical Revision to update and <br />clarify the mining plan. <br />3. On September 13, 2012, the Division sent the Operator a copy of the August 30, <br />2012 inspection report. <br />4. On November 2, 2012, the Operator submitted a Technical Revision, <br />accompanied by a revised mining plan map showing that approximately 0.39 acres of land had <br />been disturbed outside of the permit boundary. <br />5. On November 29, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged violations and <br />information about the January 9, 2013 hearing. <br />6. On January 2, 2013, the Operator admitted the violation and agreed to the <br />Division's recommendations. <br />