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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2013 -020 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY KIT CARSON COUNTY, <br />CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO OBTAIN A <br />RECLAMATION PERMIT PRIOR TO ENGAGING IN NEW MINING <br />OPERATIONS, File No. M- 2013 -014 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />April 17, 2013 in Denver, Colorado as a consent agenda item to consider a possible <br />violation by Kit Carson County ( "Operator "), corrective actions, and civil penalties <br />for failing to obtain a reclamation permit before engaging in new mining operations, <br />file number M- 2013 -014. <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 site is a 4.7 -acre (approximately) sand and gravel operation <br />located in Section 27, Township 6 South, Range 43 West, 6th Principal Meridian in <br />Kit Carson County, Colorado. The site is referred to herein as the Kit Carson <br />Illegal Site. <br />2. On March 1, 2013, Kit Carson County self - reported that it had become <br />aware that it was using a site to obtain road material that is currently unpermitted. <br />3. On March 13, 2013, the Division of Reclamation, Mining and Safety <br />( "Division ") inspected the site. The Division found an area of approximately 4.7 <br />acres that had been disturbed through mining activity. The area was unpermitted. <br />4. On March 14, 2013, the Division sent the Operator a Reason to Believe <br />a Violation Exists letter. The Division's letter provided notice regarding the alleged <br />violations and information about the April 17, 2013 hearing. <br />