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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2012-020 <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 RECLAMATION PLAN, FAILURE TO <br /> STABILIZE AND PROTECT SURFACE AREA OF AFFECTED LAND, FAILURE <br /> TO PRESERVE TOPSOIL, AND FAILURE TO COMPLY WITH PERFORMANCE <br /> WARRANTY, File No. M-2004-009 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> June 13, 2012 in Denver, Colorado to consider a possible violation, cease and desist <br /> order, corrective actions, and civil penalties against Asphalt Specialties Co., Inc. <br /> ("Operator") for failure to comply with its reclamation plan, failure to stabilize and <br /> protect the surface area of affected land, failure to preserve topsoil, and failure to <br /> comply with the performance warranty, file number M-2004-009. Eric Scott and <br /> Assistant Attorney General Steven Nagy appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division"). Rob Laird and Gary Stillmunkes <br /> appeared on behalf of the Operator. <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 has held a 112c permit for a 275.4-acre sand and gravel <br /> operation since August 2004. The site, known as the Turnpike Mining Resources <br /> pit, is located in Section 31, Township 2 North, Range 68 West, 6th Principal <br /> Meridian, Weld County, permit number M-2004-009. <br /> 2. Prior to obtaining the permit, the Operator signed a performance <br /> warranty, which included its explicit promise to "comply with all applicable <br /> requirements of the Act and rules and regulations of the Board with respect to the <br /> Affected lands," and to "comply with all of the terms of the application for a permit, <br /> as amended and supplemented." <br /> 3. During discussions with the Division, the Operator indicated that it <br /> may allow a municipality to construct a wastewater treatment plant on the site. In <br /> a letter to the Operator dated October 2008, the Division informed the Operator <br />