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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2022-007 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY AGGREGATE INDUSTRIES - <br /> WCR, INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO <br /> PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR <br /> DAMAGE, File No. M-2004-051 <br /> THIS MATTER came before the Mined Land Reclamation Board{"Board")on <br /> March 23, 2022 via videoconference as a consent agenda item to consider a possible <br /> violation by Aggregate Industries—WCR, Inc. ("Operator'), corrective action, and <br /> civil penalties for failing to protect areas outside of the affected Iand from slides or <br /> damage, file number M-2004-051. <br /> The Board,being fully informed of the facts and having considered the materials <br /> presented in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for a 421-acre aggregate <br /> site located in Section 25, Township 1 North, Range 67 West, 6th Principal <br /> Meridian in Weld County, Colorado, permit number M-2004-051. The site is known <br /> as Wattenberg Lakes. <br /> 2. On December 20, 2021, the Division of Mining, Reclamation and Safety <br /> C'Division') received a complaint from a member of the public stating that mining <br /> activities at the site had disturbed land owned by the City of Aurora located east of <br /> the mining area. <br /> 3. On January 13, 2022, the Division conducted an inspection of the site. <br /> During the inspection, the Division observed a stockpile of topsoil, approximately <br /> 70%of which was outside the permit boundaries and on Aurora City property. <br /> Operator was actively removing the topsoil from the Aurora City property and <br /> stated that it would reseed the property this spring with an Aurora-approved seed <br /> mix. <br /> 4. On January 25, 2022, the Division mailed the Operator a Reason to <br /> Believe a Violation Exists letter, informing the Operator of the possible violation <br /> and providing details regarding a hearing on this matter scheduled for March 23, <br /> 2022. <br />