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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2017-043 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY PHILLIPS STONE <br />COMPANY, INC., CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND <br />CIVIL PENALTIES FOR FAILING TO POST ADDITIONAL FINANCIAL <br />WARRANTY WITHIN SIXTY DAYS OF THE DATE OF NOTICE OF <br />ADJUSTMENT, File No. M-1981-075 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 27, 2017 in Denver, Colorado to consider a possible violation by Phillips <br />Stone Company, Inc. ("Operator"), cease and desist order, corrective actions, and <br />civil penalties for failing to post additional financial warranty within sixty days of <br />notice of adjustment, file number M-1981-075. There was no appearance on behalf <br />of the Operator. Amy Eschberger, Wally Erickson, and Tony Waldron appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). There were <br />no appearances on behalf of Operator. <br />The Board, having considered the presentation, the materials presented, and <br />being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 9.9 -acre sandstone <br />operation. The site, known as the Phillips Stone Company, is located in Section <br />5, Township 3 North, Range 70 West, 6th Principal Meridian, in Boulder <br />County, Colorado. <br />2. The Division holds a financial warranty for the site in the amount of <br />$6,010. <br />3. On May 17, 2017, the Division conducted an inspection of the site. No <br />representative of Operator was present for the inspection. Raul Vasquez, with Blue <br />Mountain Stone, Inc., attended the inspection. Based on the site conditions <br />observed during the inspection, the Division calculated the current cost to reclaim <br />the affected area to be $17,180. <br />