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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2024-016 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION, CORRECTIVE ACTION, AND <br /> CIVIL PENALTIES AGAINST L.G. EVEREST, INC. FOR FAILING TO PROTECT <br /> AREAS OUTSIDE OF THE AFFECTED LAND FROM SLIDES OR DAMAGE, <br /> File No. M-2020-007 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 18, 2024, as a consent agenda matter to consider a possible violation, <br /> corrective action, and civil penalties against L.G. Everest, Inc. ("Operator") for <br /> failure to protect areas outside of the affected land from slides or damage, file <br /> number M-2020-007. <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 112(c) reclamation permit for a 641.35-acre sand <br /> and gravel site located in Section 18, Township 2 North, Range 66 West, 6th <br /> Principal Meridian in Weld County, Colorado, permit number M-2020-007. The site <br /> is known as the Ragsdale Reservoirs. <br /> 2. On July 16, 2024, the Division conducted an inspection of the site and <br /> found that land had been affected beyond the approved permit boundaries with an <br /> underdrain installed beyond the western permit boundary where it discharges to <br /> the South Platte River. Approximately 0.18 acre of land was affected outside the <br /> permit boundary. <br /> 3. On July 30, 2024, the Division sent Operator an inspection report. <br /> 4. On August 6, 2024, the Division sent Operator a Reason to Believe a <br /> Violation Exists letter notifying the Operator of the alleged violations and providing <br /> notice of the hearing set for the Board's September 18, 2024 meeting. <br /> 5. On August 13, 2024, the Division sent the Operator a Staff Summary <br /> Form for Consent Agenda Items, outlining the Division's view of the possible <br /> violations, corrective action, and civil penalties. <br />