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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2023-004 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION, CORRECTIVE <br /> ACTION, AND CIVIL PENALTIES AGAINST SEMA CONSTRUCTION., INC. <br /> FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A PERMIT, File No. <br /> M-2022-006 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> April 19, 2023, in Denver, Colorado as a consent agenda matter to consider a <br /> possible violation, corrective action, and civil penalties against SEMA Construction, <br /> Inc. ("Operator") for failure to comply with the conditions of a permit, file number <br /> M-2022-006. <br /> The Board, having considered the materials presented with this matter and <br /> having been otherwise fully informed of the facts in this matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 111 Construction Material Special Operation <br /> reclamation permit for a 27.82-acre borrow material site located in Section 22, <br /> Township 4 North, Range 66 West, 6th Principal Meridian in Weld County, Colorado, <br /> permit number M-2022-006. The site is known as the Motorcross Borrow Pit. <br /> 2. On June 6, 2022, the Division issued a reclamation permit to Operator <br /> to supply construction material solely for the I-25 Colorado Department of <br /> Transportation contract (the 1-25 CDOT Contract") included in Exhibit K of the <br /> permit application for M-2022-006. <br /> 3. On January 19, 2023, the Division received a complaint stating that fill <br /> dirt was being supplied from the site to a development in Mead, Colorado. <br /> 4. On February 21, 2023, the Division conducted an inspection of the site <br /> and confirmed that between 1,200 and 1,500 cubic yards of material had been <br /> removed from the site during a two-day period and transported to a construction <br /> site not associated with the I-25 CDOT Contract project. <br /> 5. On March 14, 2023, 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 /> April 19, 2023 meeting. <br />