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4 di <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2012-033 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY FREMONT PAVING& REDIMIX, <br /> INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO PERFORM <br /> RECLAMATION PRESCRIBED BY THE RECLAMATION PLAN AND FAILING TO <br /> MAINTAIN SUFFICIENT FINANCIAL WARRANTY, File No. M-2000-041 <br /> THIS MATTER came before the Mined Land Reclamation Board("Board") on <br /> December 12, 2012 in Denver, Colorado to consider a possible violation by Fremont Paving& <br /> RediMix, Inc. ("Operator"), corrective actions, and civil penalties for failing to obtain a <br /> reclamation permit prior to engaging in a new operation and failing to protect areas outside of <br /> the affected land from slides or damage, file number M-2000-041. Angela Ballantoni, <br /> Environmental Alternatives, Inc., appeared on behalf of the Operator. Tim Cazier appeared on <br /> behalf of the Division of Reclamation, Mining and Safety("Division"). <br /> The Board,having considered the materials presented with this agenda item and <br /> having been otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c permit for an 448-acre sand and gravel operation <br /> located in Section 35, Township 20 South, Range 63 West,6th Principal Meridian in Pueblo <br /> County, Colorado,permit number M-2000-041. The site, known as the Evans#2 Pit, is located <br /> approximately ten miles east of Pueblo, Colorado. <br /> 2. On July 27, 2012,the Division conducted a monitoring inspection to follow-up a <br /> February 1, 2012 inspection. The Division also met with the Operator and John Sliman, a <br /> neighboring sod farmer. John Paul Ary and Denise Gozales represented the Operator at the <br /> inspection. John Van Oort, of the Colorado Division of Water Resources, was also present <br /> during the inspection. The Division found that the site is active. The Division also found that at <br /> least 115 acres within the permit boundary have been disturbed. While the total permit area is <br /> 448 acres, only 80 acres within the permit boundary may be affected area. <br /> 3. In 2007,the allowable affected area was increased to 80 acres with the approval <br /> of Technical Revision SI-01. At that time, the financial warranty for the site was increased to <br /> $226,196. The Operator has not increased the financial warranty account for the current affected <br /> area of approximately 115 acres. <br /> 4. The Division mailed the July 27,2012 inspection report to the Operator on <br /> November 7, 2012. <br /> 5. On November 8, 2012,the Division sent the Operator a Reason to Believe a <br /> Violation Exists letter. The Division's letter provided notice regarding the alleged violations and <br /> information about the December 12,2012 hearing. <br />