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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-026 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY SOUTHWEST READY- <br /> MIX, INC., CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL <br /> PENALTIES FOR FAILURE TO COMPLY WITH PERMIT CONDITIONS TO <br /> BACKFILL PITS WITH INERT MATERIALS, FAILURE TO DISPOSE OF <br /> REFUSE IN A MANNER THAT CONTROLS UNSIGHTLINESS OR <br /> DELETERIOUS EFFECTS, FAILURE TO PREVENT THE RELEASE OF <br /> POLLUTANTS TO GROUNDWATER FROM MATERIAL HANDLED OR <br /> DISPOSED OF WITHIN THE PERMIT AREA, FAILURE TO MINIMIZE <br /> DISTURBANCE TO THE HYDROLOGIC BALANCE, AND FAILURE TO <br /> REMOVE AND STOCKPILE TOPSOIL IN ACCORDANCE WITH THE <br /> APPROVED RECLAMATION PLAN, File No. M-1983-175 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on December 11, 2024 for a hearing to consider a possible violation by Southwest <br /> Ready-Mix, Inc. ("Operator"), cease and desist order, corrective actions, and civil <br /> penalties for failure to comply with permit conditions to backfill pits with inert <br /> materials, failure to dispose of refuse in a manner that controls unsightliness or <br /> deleterious effects, failure to prevent the release of pollutants to groundwater from <br /> material handled or disposed of within the permit area, failure to minimize <br /> disturbance to the hydrologic balance, and failure to remove and stockpile topsoil <br /> in accordance with the approved reclamation plan, file number M-1983-175. <br /> Chris Girardi, Jared Ebert, and Russ Means appeared on behalf of the <br /> Division of Mining, Reclamation and Safety ("Division"). Ben Miller, P.C., of <br /> Lewicki & Associates and Paul Bottini of Southway Construction appeared on <br /> behalf of the Operator. <br /> The Board, having considered the parties' presentations, testimony, and the <br /> administrative record, and being otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a Section 112c permit for a 40-acre sand and gravel <br /> operation located in Section 36, Township 38 North, Range 10 East, 10th Principal <br /> Meridian in Alamosa County, permit number M-1983-175. The site, known as <br /> Alamosa Pit No. 2, is located near Alamosa, Colorado. <br />