Laserfiche WebLink
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 />November 13, 2013 in Denver, Colorado as a consent agenda item to consider a <br />request by Beavers Construction Company /High Mesa Gravel, LLC ( "Operator "), to <br />modify a Board order, file No. M- 2000 -067. <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 of Reclamation, Mining and Safety <br />( "Division ") inspected the site. The Division observed approximately 1,600 linear <br />feet of highwall, approximately 20 feet high, with slopes of approximately 0.75HAV <br />(the approved mining plan for the site requires the highwall to be excavated and <br />maintained at a slope of 3HAV). The Division observed that at least 18 acres are <br />disturbed at the site. <br />3. The financial warranty the Division held for the site, in the amount of <br />$17,000, was for 10 acres of disturbance. Given the current disturbance of 18 acres, <br />that 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 />financial warranty increase. The Operator was required to post additional financial <br />warranty by July 12, 2013. <br />