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i <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No.MV-2017-010 <br /> FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY BESTWAY CONCRETE COMPANY,CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTION,AND CIVIL PENALTY FOR FAILING TO OBTAIN <br /> A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING OPERATION, File No. <br /> M-19835090 <br /> THIS MATTER came before the Mined Land Reclamation Board (`Board") on April <br /> 27, 2017 in Denver, Colorado as a consent agenda item to consider a possible violation by <br /> Bestway Concrete Company("Operator"), cease and desist order,corrective action,and a <br /> civil penalty for failing to obtain a reclamation permit before engaging in anew mining <br /> operation,file number NI-1983-090. <br /> The Board,having considered the materials presented with this consent agenda <br /> item and having been otherwise fully informed of the facts in the matter,enters the <br /> following: <br /> FINDINGS Of FA-CT <br /> 1. The Operator holds a 112c reclamation permit for a sand and gravel mining <br /> operation located in Section 19,Township 6 North,Range 67 West,6th Principal Meridian <br /> in Weld County,Colorado. The site is known as the LaPoudre Sand and Gravel Pit. <br /> 2. On March 15, 2017,the Division of Reclamation, Mining and Safety <br /> ("Division") conducted a regular monitoring inspection of the LaPoudre Sand and Gravel <br /> Pit. Mark Johnson,representing the Operator,attended the inspection. During the <br /> inspection,the Division found that permit markers were missing and that approximately <br /> 28.4 acres outside of the permit boundary have been disturbed. In the March 15,2017 <br /> inspection report,the Division required the Operator to conduct a survey and replace the <br /> boundary markers. <br /> 3. On March 23,2017,the Division mailed the March 15, 201:7 inspection report <br /> and a signed copy of the Reason to Believe a Violation Exists letter to the Operator. The <br /> Division's letter provided notice regarding the alleged violations and information about the <br /> April 27, 2017 hearing. <br /> 4. On March 27, 2017,the Operator admitted the violation and agreed to the <br /> Division's recommendations to the Board. <br />