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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -020 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES AGAINST ASPHALT SPECIALTIES CO., <br />INC. FOR FAILURE TO COMPLY WITH RECLAMATION PLAN, FAILURE TO <br />STABILIZE AND PROTECT SURFACE AREA OF AFFECTED LAND, FAILURE <br />TO PRESERVE TOPSOIL, AND FAILURE TO COMPLY WITH PERFORMANCE <br />WARRANTY, File No. M- 2004 -009 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />June 13, 2012 in Denver, Colorado to consider a possible violation, cease and desist <br />order, corrective actions, and civil penalties against Asphalt Specialties Co., Inc. <br />( "Operator ") for failure to comply with its reclamation plan, failure to stabilize and <br />protect the surface area of affected land, failure to preserve topsoil, and failure to <br />comply with the performance warranty, file number M- 2004 -009. Eric Scott and <br />Assistant Attorney General Steven Nagy appeared on behalf of the Division of <br />Reclamation, Mining and Safety ( "Division "). Rob Laird and Gary Stillmunkes <br />appeared on behalf of the Operator. <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 has held a 112c permit for a 275.4 -acre sand and gravel <br />operation since August 2004. The site, known as the Turnpike Mining Resources <br />pit, is located in Section 31, Township 2 North, Range 68 West, 6th Principal <br />Meridian, Weld County, permit number M- 2004 -009. <br />2. Prior to obtaining the permit, the Operator signed a performance <br />warranty, which included its explicit promise to "comply with all applicable <br />requirements of the Act and rules and regulations of the Board with respect to the <br />Affected lands," and to "comply with all of the terms of the application for a permit, <br />as amended and supplemented." <br />3. During discussions with the Division, the Operator indicated that it <br />may allow a municipality to construct a wastewater treatment plant on the site. In <br />a letter to the Operator dated October 2008, the Division informed the Operator <br />