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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-019 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MODIFIED ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY CHAMBERLAIN <br /> CONCRETE, CORRECTIVE ACTION, CEASE AND DESIST ORDER, AND CIVIL <br /> PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE <br /> AFFECTED LAND FROM SLIDES OR DAMAGES OCCURRING DURING THE <br /> MINING OPERATION, File No. M-2010-043 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on May 15, 2024, as a consent item to consider a request to extend the deadline for <br /> a corrective action previously ordered by the Board for violations by Chamberlain <br /> Concrete ("Operator"), cease-and-desist order, corrective action, and civil penalties <br /> for failure to protect areas outside of the affected land from slides or damages <br /> occurring during the mining operation, file number M-2010-043. <br /> The Board, having considered the materials submitted, and being fully <br /> informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110(c) permit for a 9.9-acre sand, gravel, and clay <br /> operation located in Section 14, Township 6 North, Range 47 West, 6th Principal <br /> Meridian in Phillips County, Colorado, permit number M-2010-043. The site is <br /> known as the Falk Pit#1. <br /> 2. Through an Order effective November 29, 2023, the Board found <br /> Operator in violation of 34-32.5-116(4)(i), C.R.S., for failure to protect areas outside <br /> affected land from slides or damage occurring during mining or reclamation (the <br /> "November 29, 2023 Order"). <br /> 3. The November 29, 2023 Order included a corrective action that <br /> required Operator to "[w]ithin 90 days of the effective date of this Order, submit to <br /> the Division a conversion or amendment application to encompass all of the affected <br /> lands at the site and obtain approval within statutory deadlines." The application <br /> was due on February 27, 2024. <br /> 4. On February 15, 2024, Operator submitted a request to the Division <br /> that the due date for the corrective action be extended to March 11, 2024. The <br /> Board granted that request as a consent item at its February 21, 2024 meeting. <br />