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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2021-001 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATIONS BY SOUTHWAY <br />CONSTRUCTION COMPANY, INC., CORRECTIVE ACTIONS, CEASE AND <br />DESIST ORDER, AND CIVIL PENALTIES FOR FAILURE TO FOLLOW THE <br />CONDITIONS OF AN ORDER, PERMIT, OR REGULATION, File No. M-1987-013 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on November 18, 2020, via video conference to consider possible violations by <br />Southway Construction Company, Inc. ("Operator"), cease and desist order, <br />corrective action, and civil penalties for failure to follow conditions of a permit, file <br />number M-1987-013. Stephanie Mitchell appeared on behalf of the Division of <br />Reclamation, Mining, and Safety ("Division"). Ralph Martinez appeared on behalf <br />of Operator. <br />The Board, having considered the testimony and materials presented with <br />this matter and being otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for a 13.44 -acre sand and gravel <br />operation located in Section 19, Township 40 North, Range 6 East, New Mexico <br />Principal Meridian in Rio Grande County, Colorado, permit number M-1987-013. <br />The site is known as the Burton Pit. <br />2. On February 18, 2020, the Division conducted an inspection of the site. <br />Loretta Martinez was present during the inspection on behalf of the Operator, and <br />Robert and Suzanne Burton, who own the land comprising the southern portion of <br />the permit, were also present. The Division took GPS measurements of the permit <br />boundary markers and determined that the markers did not accurately reflect the <br />permitted boundary. <br />3. During the inspection, the Division also noted that Operator's lease for <br />the Burton's portion of the permitted land had expired approximately two years <br />prior on May 22, 2017. <br />4. On October 14, 2020, the Division sent Operator a Reason to Believe a <br />Violation Exists letter. The letter provided notice regarding the alleged violations <br />