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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV 2015-004 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES AGAINST ASPHALT SPECIALTIES CO., <br />INC. FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A PERMIT, <br />File No. M-2004-009 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 29, 2015 in Denver, Colorado as a consent agenda matter to consider a <br />possible violation, corrective actions, and civil penalties against Asphalt Specialties <br />Co., Inc. ("Operator") for failure to comply with the conditions of a permit, file <br />number M-2004-009. <br />The Board, having considered the materials presented with this matter and <br />having been otherwise fully informed of the facts in this matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for a 200.4 -acre sand and <br />gravel operation. The site, known as the Turnpike Mining Resources, is located in <br />Section 31, Township 2 North, Range 68 West, 6th Principal Meridian, Weld County, <br />permit number M-2004-009. <br />2. In the Performance Warranty executed by the Operator on May 21, 2004, <br />the Operator promised to comply with all of the terms of the permit, as amended. <br />3. On June 21, 2006, the Division approved Amendment 1 to the permit. <br />The plan the Division approved in Amendment 1 included the following express <br />statement from the Operator's consultant to the Division: "The CDOW1 <br />recommends preserving existing cottonwood trees and riparian habitat associated <br />with Boulder Creek. No mining will take place within 100 feet of the creek. All <br />trees within 100 feet will be preserved." The Division's approval of Amendment 1 <br />incorporated this statement into the permit and made it a binding provision of <br />permit number M-2004-009. <br />4. On February 10, 2015, the Division received a citizen complaint alleging <br />that the Operator was affecting an area within the one hundred foot (100') setback <br />area from Boulder Creek and had cut down several old-growth cottonwood trees. <br />1 Colorado Division of Wildlife, within the Colorado Department of Natural Resources. <br />