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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 August 18, 2021, via video conference as a consent agenda item to consider the <br />request of Southway Construction Company, Inc. ("Operator"), for an extension of <br />time to comply a Board Order, file number M-1987-013. <br />The Board, being otherwise fully informed of the facts in the matter, <br />hereby enters the 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. The Board issued an Order, effective January 13, 2021, requiring <br />Operator to either submit an executed proof of legal right of entry or lease <br />agreement with Susanne and Robert Burton, the property owners, or begin <br />reclamation on all lands affected by the mining operation on which the Operator <br />does not have legal right to enter. The Order required Operator to complete the <br />corrective actions within 180 days of its effective date. <br />3. On July 13, 2021, the Division received a letter from the Operator's <br />attorney, requesting a ninety -day extension of time to complete the required <br />corrective actions. <br />4. The Division does not oppose the request for an extension. <br />