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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2009-015 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF ASPHALT SPECIALTIES CO., INC. NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES, File No. M-1983-176 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on May <br />13, 2009 in Denver, Colorado for a hearing to consider a possible violation, cease and desist <br />order, corrective actions and civil penalties for failure to comply with the approved <br />reclamation plan and failure to notify the Division of Reclamation, Mining and Safety <br />("Division") prior to importing backfill material. The file number is M-1983-176. Rob <br />Laird appeared on behalf of Asphalt Specialties Co., Inc. ("Operator"). David Bird, Tony <br />Waldron, and Jeff Fugate appeared on behalf of the Division. <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and order. <br />FINDINGS OF FACT <br />1. The site at issue here is known as the Speer Mining Resource Pit ("Speer <br />Mining site"). The permit area is 75.5 acres and is located in Section 34, Township 1' South, <br />Range 67 West, 6th Principal Meridian, in Adams County, Colorado. The Operator holds a <br />Section 112c construction materials reclamation permit for the site, permit number M-1983- <br />176. The site is located just northwest of the intersection of 120th Avenue and Brighton Road <br />in Henderson, Colorado. <br />2. On March 24, 2009 Kirk Kirby made a complaint to the Division concerning <br />ground water and the basement flooding at his house. Mr. Kirby's residence is located <br />approximately 500 feet southeast of the Speer Mining site. Mr. Kirby stated that his <br />basement started flooding on Friday, March 20, 2009 and that he pumped about 50 gpm <br />(gallons per minute) of water over a 48 hour period from his basement sump pump to keep <br />his basement dry. On March 23, 2009 Mr. Kirby turned on two irrigation wells which <br />increased the pumping rate to about 250 gpm. Mr. Kirby continued to pump water from his <br />Asphalt Specialties <br />Speer Mining Resource Pit <br />M-1983-176 <br />MV- 2009-015