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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 October 20, 2021, in Denver, Colorado 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. At its August 18, 2021 meeting, the Board extended the time for <br /> Operator to comply with the required corrective actions to October 10, 2021. <br />