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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2021-024 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF POSSIBLE VIOLATIONS BY SEMA CONSTRUCTION. INC., <br /> CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO OBTAIN <br /> A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING <br /> OPERATION AND FAILING TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM SLIDES OR DAMAGE, File No. M-2019-041 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> October 20, 2021 in Denver, Colorado as a consent agenda item to consider a <br /> possible violation by SEMA Construction, Inc. ("Operator"), corrective action, and <br /> civil penalties for failing to protect areas outside of the affected land from slides or <br /> damage, file number M-2019-041. <br /> The Board, being fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 111 Construction Materials Special Operation <br /> reclamation permit for a 28.3-acre borrow material site located in Section 22, <br /> Township 4 North, Range 66 West, 6th Principal Meridian in Weld County, <br /> Colorado, permit number M-2019-041. The site is known as the Motorcross Borrow <br /> Pit. <br /> 2. On July 26, 2021, the Division received a complaint stating that <br /> Operator was using an access road off Weld County Road 7 to access the mine site. <br /> 3. On July 29, 2021, the Division conducted an inspection of the site and <br /> determined that Operator had improved an existing road to the mine site outside <br /> the approved permit boundary. <br /> 4. On July 30 and August 2, 2021, the Division received subsequent <br /> complaints regarding the site and the use the access road. <br /> 5. On August 12, 2021, the Division mailed the Operator a Reason to <br /> Believe a Violation Exists letter, informing the Operator of the possible violations <br /> and providing details regarding a hearing on this matter scheduled for the Board's <br /> September 22, 2021 meeting. The hearing before the Board was subsequently <br /> moved to the October 20, 2021 meeting. <br />