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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2023-021 <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 MARTIN MARIETTA MATERIALS, <br /> INC. FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A PERMIT, <br /> File No. M-1985-218 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> November 15, 2023, in Denver, Colorado as a consent agenda matter to consider a <br /> possible violation, corrective action, and civil penalties against Martin Marietta <br /> Materials, Inc. ("Operator") for failure to comply with the conditions of a permit, file <br /> number M-1985-218. <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 112c reclamation permit for a 364.9-acre sand and <br /> gravel operation located in Section 2, Township 21 South, Range 63 West, 6th <br /> Principal Meridian in Pueblo County, Colorado, permit number M-1985-218. The <br /> site is known as the Rich Pit. <br /> 2. On July 13, 2023, the Division conducted a routine inspection of the <br /> site and found that Operator was mining within an area that does not have <br /> approved mining or reclamation plans. Operator had excavated a 29-acre pit that <br /> was not covered by the approved mining or reclamation plans. <br /> 3. On September 11, 2023, the Division mailed Operator the inspection <br /> report and an updated reclamation cost to the Operator. <br /> 4. On September 11, 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 /> October 18, 2023 meeting. <br /> 5. Operator requested and was granted a continuance of the hearing to <br /> the Board's November 2023 meeting. <br />