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3. On Feb uary 25, 2016, the Division inspected the site as!a follow-up <br /> to asses Bent County Ready Mix's progress toward final reclamation and <br /> compliaice with the corrective action ordered in the Nov mber 2015 Order. <br /> During the inspection, the Division observed that no activity had occurred since <br /> the last inspection, on September 30, 2015 and the affected lands appeared to be in <br /> the same condition as observed during the last inspection. The Division observed <br /> that the large overburden stockpile was still present along the southern edge of <br /> the permit boundary and appeared to have not been disturbed since the last <br /> inspection. The Division also observed that no grading work had been completed <br /> along the pond shoreline. <br /> 4. On March 25, 2016, the Division mailed Bent County Ready Mix a <br /> Reason to Believe a Violation Exists letter along with a copy of the February 25, <br /> 2016 inspection report. The letter set forth allegations of possible violations and <br /> provided information about the Board hearing, scheduled for April 27-28, 2016. <br /> 5. On April 7, 2016, Bent County submitted a succession of operators <br /> application for permit number M-1995-007 to transfer the permit to Bent County. <br /> 6. On May 3, 2016, the Division notified both Bent County Ready Mix <br /> and Bent County that the April 27, 2016 hearing had been continued to the May 25- <br /> 26, 2016 Board meeting. <br /> 7. On May 20, 2016, the Division notified both Bent County Ready Mix <br /> and Bent County that the May 25-26, 2016 hearing had been continued to the June <br /> 22-23, 2016 Board meeting. <br /> 8. On June 6, 2016, the Division sent both Bent County and Bent County <br /> Ready Mix a Succession of Operators Approval letter stating that the Division <br /> approved the Succession of Operator application. Pursuant to the succession of <br /> operators process and approval by the Division, Bent County is now the operator <br /> and permittee of permit number M-1995-007 and assumes all associated <br /> reclamation responsibility and liability for the permit including, without limitation, <br /> the requirements of the November 2015 Order. <br /> 9. During the June 22, 2016 hearing, the parties presented a Stipulated <br /> Agreement and Modification of Board Order ("Agreement") between and signed by <br /> Bent County and the Division. In the Agreement, Bent County and the Division <br /> acknowledged that Bent County Ready Mix failed to complete the corrective actions <br /> as ordered by the Board and that all reclamation liabilities outlined in the <br /> November 2015 Order still exist at the site. <br /> 10. In the Agreement, Bent County and the Division stipulate to certain <br /> amendments of the November 2015 Order. <br /> Bent County Ready Mix <br /> Thomaczek Pit, M-1995-007 <br /> W-2015-026 2 <br />