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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2015-023 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY THE ESTATE OF FRANK <br />LAUGHREY, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILING TO POST ADDITIONAL FINANCIAL WARRANTY <br />WITHIN SIXTY DAYS OF NOTICE OF ADJUSTMENT, File No. M-1991-082 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 26, 2015 in Denver, Colorado to consider a possible violation by the Estate of <br />Frank Laughrey ("Operator"), cease and desist order, corrective actions, and civil <br />penalties for failing to post additional financial warranty within sixty (60) days of <br />notice of adjustment, file number M-1991-082. Tim Cazier appeared on behalf of <br />the Division of Reclamation, Mining and Safety ("Division"). There was no <br />appearance on behalf of the Operator. <br />The Board, having considered the Division's presentation, the materials <br />presented, and being otherwise fully informed of the facts in the matter, enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 5.6 -acre gravel operation <br />located in the Section 2, Township 13 South, Range 71 West, 6th Principal Meridian <br />in Teller County, Colorado, permit number M-1991-082. The site is known as the <br />Tiger Timber Site. <br />2. On January 2, 2009, Park State Bank & Trust informed the Division <br />that Frank Laughrey passed away on September 16, 2008. <br />3. On May 8, 2012, the Division inspected the site based on a request <br />from prospective new operators, Jay Baker (for Tiger Timber and Gravel, LLC) and <br />Dick Lass, both of whom were present at the inspection. The site caretaker and <br />presumed executor of Frank Laughrey's estate, Larry Laughrey, was also present <br />for the inspection. The Division explained the Succession of Operator process to Mr. <br />Lass and Mr. Baker. During the inspection, the Division observed that the site was <br />not active (Mr. Baker explained that not much material had been mined since the <br />previous inspection). The Division also observed several portable rolling dumpsters <br />