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RECF1'11=n <br /> �/JUN 2 0 2016 <br /> BEFORE THE MINED LAND RECLAMATION BOARD DIVISION OFRECLAMAP(r i� <br /> STATE OF COLORADO MININGANDSAFETY <br /> IN THE MATTER OF BENT COUNTY READY MIX, File No. M-1995-0071--� <br /> (STIPULATED AGREEMENT AND MODIFICATION OF BOARD ORDER <br /> THIS AGREEMENT ("Agreement") is made and entered into by and between <br /> the Colorado Division of Reclamation, Mining and Safety ("Division") and Bent <br /> County, successor operator of the Thomeczek Pit, File No. NI-1995-007 (jointly as <br /> "Parties"). Undersigned submit this agreement for consideration by the Mined <br /> Land Reclamation Board ("Board"). In support of their Agreement, the Division and <br /> Bent County state the following: <br /> Background Facts <br /> 1. This is a 110c permit for a 9.9-acre sand and gravel operation located <br /> in Section 8, Township 23 South, Range 52 West, 6th Principal Meridian in Bent <br /> County, Colorado, permit number M-1995-007. The site is known as the Thomeczek <br /> Pit, named after the former mine operator Joe Thomeczek of Bent County Ready <br /> Mix. <br /> 2. On April 7, 2016 Bent County submitted a succession of operators <br /> application for permit M-1995-007 and on June 6, 2016 the Division approved the <br /> operator succession from Bent County Ready Mix to Bent County. Pursuant to the <br /> succession of operators process Bent County has assumed all associated reclamation <br /> responsibility and liability for this permit. Bent County is now the <br /> operator/permittee for permit M-1995-007. <br /> 3. On November 30, 2015 the Mined Land Reclamation Board issued a <br /> violation order (Attachment A). As successor operator Bent County is subject to this <br /> Order and executed the succession of operators application with this knowledge and <br /> understanding. <br /> 4. On November 30, 2015 the Board found Bent County Ready Mix in <br /> violation pursuant to C.R.S. 34-32.5-116(4)(q)(I) for failing to complete final <br /> reclamation of the Thomeczek Pit prior to the expiration of five (5) years after the <br /> date that mining was completed. As a corrective action, the Board ordered that <br /> reclamation of the site be completed according to the approved reclamation plan <br /> within 90 days of the effective date of the order, February 28, 2016. Additionally, <br /> the Board issued a cease and desist order precluding any further activity at the site <br />