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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2015-026 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BENT COUNTY READY <br />MIX, CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br />PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A <br />PERMIT, File No. M-1995-007 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 18, 2015 in Denver, Colorado to consider a possible violation by Bent <br />County Ready Mix ("Operator"), corrective actions, cease and desist order, and civil <br />penalties for failing to comply with the conditions of a permit, file number M-1995- <br />007. Amy Eschberger, Wally Erickson, and Tony Waldron appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division"). Judy Thomeczek appeared <br />by telephone on behalf of Operator pursuant to a signed Authorization to Represent <br />a Party form. <br />The Board, having considered the materials presented, the Division's and the <br />Operator's testimony, and having been otherwise fully informed of the facts in the <br />matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 9.9 -acre sand and gravel <br />operation located in Section 8, Township 23 South, Range 52 West, 6th Principal <br />Meridian in Bent County, Colorado, permit number M-1995-007. The site is known <br />as the Thomeczek Pit. <br />2. On its 2013 Annual Report, Operator stated that Operator last <br />conducted mining activities ("excavation, processing, or hauling activity") at the site <br />in 2008. The Operator signed the 2013 Annual Report on February 4, 2013. <br />3. The Division inspected the site on February 7, 2013. The report for this <br />inspection was issued on March 5, 2013. <br />4. During the February 7, 2013 inspection, the Division found that <br />Operator had not completed final reclamation of the site within five years of <br />advising the Division in an annual report that mining was complete. The Division <br />observed that Operator had failed to employ weed control methods for state -listed <br />