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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2021-008 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY THE CITY OF LAFAYETTE, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br /> PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A <br /> BOARD ORDER, PERMIT, OR REGULATION, File No. M-2010-071 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> May 19, 2021 via video conference to consider to consider the possible violation by <br /> the City of Lafayette ("Operator"), cease and desist order, corrective actions, and <br /> civil penalties for failing to comply with the conditions of a Board order, permit, or <br /> regulation, file number M-2010-071. Amy Eschberger and Michael Cunningham <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> Peter Wayland, Melanie Asquith, and Jon File appeared on behalf of Operator. <br /> The Board, having considered the presentations of the parties, materials <br /> presented with this matter and having been otherwise fully informed of the facts in <br /> this matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for a 232-acre borrow <br /> material operation. The site, known as the Goose Haven Reservoir#2 - Complex <br /> Expansion, is located in Section 15, Township 1 North, Range 69 West, 6th Principal <br /> Meridian, Boulder County, permit number M-2010-071. <br /> 2. The site contains two existing clay-lined reservoirs in the permit area, <br /> which were mined under a different permit that was released in 2010, Reservoirs 1 and <br /> 3. Permit number M-2010-071, the current permit, contemplated creating one <br /> additional reservoir with a slurry wall lining, Reservoir 2. <br /> 3. Operator filed an amendment, AM-1, that was approved in 2017 to add <br /> an additional reservoir, Reservoir 4, and change the lining of the reservoirs from <br /> slurry walls to compacted clay. <br /> 4. The permit, as amended by AM-1, provides for onsite processing of <br /> materials at a plant located in Reservoir 4. Salvaged topsoil and overburden are to <br /> be stockpiled in the area west of Reservoir 2. <br /> 5. The reclamation plan approved with AM-1 called for the area to the <br /> west of Reservoir 2 to be revegetated for reclamation. <br />