2013-04-03_ENFORCEMENT - M2012048

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Violation No. MV- 2013 -004 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY KIT CARSON COUNTY, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR MINING WITHOUT A RECLAMATION PERMIT, FILENO. M- 2012 -048 THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on March 13, 2013 in Denver, Colorado as a consent agenda item to consider the possible violation by Kit Carson County ( "Operator "), cease and desist order, corrective actions and civil penalties for mining without a permit, file number M- 2012 -048. The Board, having reviewed the materials presented and having been otherwise fully informed of the facts in the matter, hereby enters the following: FINDINGS OF FACT 1. On November 16, 2012, the Operator submitted an application for a 110c reclamation permit for a gravel operation. The site, known as Pickard Pit, is located in Section 30, Township 8 South, Range 47 West, 6th Principal Meridian, Kit Carson County, Colorado. 2. On January 24, 2013, the Division of Reclamation, Mining and Safety ( "Division ") conducted a pre- operation inspection of the site. Randy Schafer, the consultant for Kit Carson County Road and Bridge, attended the inspection. During the inspection, the Division found that an area of approximately 5.28 acres has been previously disturbed at the site. The disturbed area is comprised of an excavated area, three stockpiles of sandy material, and open areas where grading occurred. The Operator's representative explained that the landowner had removed sand and gravel from the site for use on their property and that the Operator had also removed material from the site. 3. On February 5, 2013, the Division mailed a Notice of a Reason to Believe a Violation Exists letter to the Operator and the January 24, 2013 inspection report.