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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATl dF COLORADO <br /> Notice of Violation No. MV-2016-034 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY ASPHALT SPECIALTIES <br /> CO., INC., CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br /> PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br /> ENGAGING IN A NEW MINING OPERATION, File No. M-2015-030 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> June 22, 2016, in Denver, Colorado as a consent agenda item to consider a possible <br /> violation by Asphalt Specialties Co., Inc. ("Operator"), cease and desist order, <br /> corrective action, and a civil penalty for failing to obtain a reclamation permit <br /> before engaging in a new mining operation, file number M-2015-030. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and being otherwise fully informed of the facts in the matter, enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator operates a sand and gravel production field located at <br /> the northwest corner of Weld County Road 8 and Highway 85. Located in Section <br /> 18, Township 1 North, Range 66 West, 6th Principal Meridian in Weld County, <br /> Colorado, the site is known as the Chavers Mining Resource. <br /> 2. On May 27, 2016, the Division of Reclamation, Mining and Safety <br /> ("Division") was at the site for the performance of normal duties and observed a <br /> disturbance on the south end of the site. The Division observed that the <br /> Operator removed topsoil from approximately twenty-five acres on the south end <br /> of the site and created a topsoil stockpile on the west side of the disturbed area. <br /> The activity was ongoing on May 27, 2016, as the Division observed a large track- <br /> hoe loading topsoil into multiple trucks for placement onto the topsoil stockpile. <br /> Although the Operator had submitted an application for a permit at this site, the <br /> permit had not been approved at the time the activity occurred. <br /> 3. On June 3, 2016, the Division sent the Operator the May 27, 2016, <br /> inspection report and a Reason to Believe a Violation Exists letter. The Division's <br /> letter provided notice regarding the alleged violations and information about the <br /> June 22, 2016 hearing. <br />