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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV 2019-012 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION, CORRECTIVE ACTION, AND <br />CIVIL PENALTIES AGAINST BESTWAY CONCRETE AND AGGREGATE FOR <br />FAILURE TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM <br />SLIDES OR DAMAGES OCCURRING DURING THE MINING OPERATION, <br />File No. M-2002-120 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />May 22, 2019 in Denver, Colorado as a consent agenda matter to consider a possible <br />violation, corrective action, and civil penalties against Bestway Concrete and <br />Aggregate ("Operator") for failure to protect areas outside of the affected land from <br />slides or damages occurring during the mining operation, file number M-2002-120. <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 2$6 -acre aggregate <br />operation. The site, known as Bernhardt Resource, is located in Section 1, Township <br />4 North, Range 67 West, 6th Principal Meridian, Weld County, permit number M- <br />2002-120. <br />2. On February 19, 2019, the Division of Reclamation, Mining, and Safety <br />("Division") conducted an inspection of the site and noted that the south central <br />boundary markers were missing or incorrectly placed and that approximately one <br />acre outside of the permitted area had been impacted by a product conveyor crossing. <br />The Division sent Operator the inspection report on February 24, 2019 <br />3. The Operator sent the Division a survey of the area, dated March 14, <br />2019, that confirmed that the conveyor crossed outside of the permitted area. <br />4. On April 4, 2019, the Division sent Operator a Reason to Believe a <br />Violation Exists letter which provided notice regarding the alleged violation and the <br />May 22, 2019 hearing. <br />5. On April 12, 2019, the Operator admitted the violation and agreed to <br />the Division's recommendations to the Board. <br />