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MBEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2019-005 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY KOBINSON SONS, INC., <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION, CIVIL PENALTIES, <br />PERMIT REVOCATION, AND FINDING THE FINANCIAL WARRANTY <br />SUBJECT TO FORFEITURE FOR FAILURE TO POST ADDITIONAL <br />FINANCIAL WARRANTY WITHIN SIXTY DAYS OF THE DATE OF NOTICE <br />OF ADJUSTMENT, File No. M-2008.076 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on April 24, 2019 in Denver, Colorado to consider possible violations by Robinson <br />Sons, Inc. ("Operator"), cease and desist order, corrective action, civil penalties, <br />Permit revocation, and finding the financial warranty subject to forfeiture for <br />failure to post additional financial warranty within sixty days of the notice of <br />adjustment, file number M-2008-076. Jared Ebert and Michael Cunningham <br />appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />Daniel Robinson appeared on behalf of Operator. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. Operator holds a 112c reclamation permit for an 180.6 -acre sand, <br />gravel, and borrow material mining operation located in Section 26, Township 33 <br />South, Range 67 West, 6th Principal Meridian, Las Animas County. The site is <br />known as the Robinson Sons Gravel Pit No. 1. <br />2. Through an order dated March 13, 2017 and effective March 14, 2017, <br />the Board found Operator in violation of section 34-32.5-109(1) for engaging in a <br />mining operation without first obtaining a reclamation permit. The Board also <br />ordered Operator to submit an amendment application to include all affected lands <br />in the permit by June 12, 2017, with all materials submitted in an approvable form <br />by September 10, 2017. <br />3. Operator submitted an amendment application ("AM0111) on May 15, <br />2018 and a fee for the amendment application on May 22, 2018. <br />Robinson Sons, Inc. <br />M-2008-076/Robinson Sons Gravel Pit No. 1 <br />MV -2019-005 <br />