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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2013 -030 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BEAVERS CONSTRUCTION <br />COMPANY /HIGH MESA GRAVEL, LLC, CORRECTIVE ACTIONS, CEASE AND <br />DESIST ORDER, AND CIVIL PENALTIES FOR FAILING TO MAINTAIN <br />SUFFICIENT FINANCIAL WARRANTY, File No. M- 2000 -067 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />September 18, 2013 in Denver, Colorado to consider a possible violation by Beavers <br />Construction Company/High Mesa Gravel, LLC ( "Operator "), corrective actions, <br />cease and desist order, and civil penalties for failing to maintain a sufficient <br />financial warranty, file No. M -2000 -067. There was no appearance on behalf of the <br />Operator. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining <br />and Safety ( "Division "). <br />The Board, having considered the materials presented and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for a 56.06 -acre sand and gravel <br />operation located in Section 4, Township 15 South, Range 94 West, 6th Principal <br />Meridian, Delta County, Colorado, permit number M- 2000 -067. The site is known <br />as the High Mesa Gravel Pit. <br />2. On May 1, 2013, the Division inspected the site. The Division observed <br />approximately 1,600 linear feet of highwall, approximately 20 feet high, with slopes <br />of approximately 0.7511:1V (the approved mining plan for the site requires the <br />highwall to be excavated and maintained at a slope of 3HAV). The Division <br />observed that at least 18 acres are disturbed at the site. <br />3. The financial warranty the Division holds for the site, in the amount of <br />$17,000, is for 10 acres of disturbance. Given the current disturbance of 18 acres, <br />the current financial warranty is insufficient. The Division recalculated the cost of <br />reclaiming the site, increasing the financial warranty by $48,790 to $65,790.00. <br />4. On May 13, 2013, the Division sent the Operator a written notice of <br />surety increase. The Operator was required to post additional financial warranty <br />by July 12, 2013. <br />