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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2018-035 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY ASPHALT PAVING <br />COMPANY, CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br />PENALTIES FOR FAILURE TO NOTIFY OF SLOPE FAILURE RESULTING IN <br />OFFSITE DAMAGE AND FOR FAILURE TO OBTAIN PERMIT PRIOR TO <br />ENGAGING IN A NEW MINING OPERATION, FILE NUMBER M-1974-086 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on September 26, 2018, in Denver, Colorado as a consent agenda item to consider a <br />possible violation by Asphalt Paving Company ("Operator"), cease and desist order, <br />corrective action, and a civil penalty for failure to notify the Division of slope <br />failure resulting in offsite damage and for failure to obtain permit prior to <br />engaging in a new mining operation, file number M-1974-086. Eric Scott and <br />Michael Cunningham appeared on behalf of the Division of Reclamation, Mining, <br />and Safety ("Division"). Jeff Keller and Stan Opperman of Asphalt Paving <br />Company and consultants Greg Lewicki of Greg Lewicki & Associates and Brian <br />Reck of GROUND Engineering Consultants appeared on behalf of Operator. <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 holds a 112c permit for a rock and gravel operation <br />located in Section 4, Township 3 South, Range 70 West, 6th Principal Meridian in <br />Jefferson County, Colorado, permit number M-1974-086. Located north of Golden, <br />Colorado, the site is known as the Ralston Quarry. <br />2. On June 11, 2018, Operator was informed by Denver Water, which <br />owns land adjacent to the Ralston Quarry, that a slide had occurred on Operator's <br />land and that the slide was impacting Denver Water's access road around Ralston <br />Reservoir. <br />3. On June 12, 2018, staff from the Division's Inactive Mines Program <br />was working in the area near Ralston Reservoir and Ralston Quarry and was <br />informed by Denver Water staff that their access road along the eastern side of <br />