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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2019-009 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY MARTINEZ WESTERN <br /> CONSTRUCTORS, INC., CEASE AND DESIST ORDER, CORRECTIVE <br /> ACTIONS, AND CIVIL PENALTIES FOR FAILING TO COMPLY WITH THE <br /> CONDITIONS OF A BOARD ORDER, File No. M-2018-018 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> April 24, 2019 in Denver, Colorado to consider the possible violation by Martinez <br /> Western Constructors, Inc. ("Operator"), cease and desist order, corrective actions, <br /> and civil penalties for failing to comply with the conditions of a Board order, file <br /> number M-2018-018. Amy Yeldell appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division'). Paul Martinez appeared on behalf of <br /> Operator. <br /> The Board, being fully informed of the facts in the matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator operates a sand and gravel operation located in Section <br /> 6, Township 1 South, Range 1 West, Mesa County, Colorado, file number M-2018- <br /> 018. The site is known as the Ducray Pit. <br /> 2. In an order effective August 27, 2018 ("August 2018 Order"), the Board <br /> found Operator in violation of section 34-32.5-109(1), C.R.S. for failing to obtain a <br /> reclamation permit prior to engaging in a new mining operation. The Board also <br /> assessed a civil penalty of$58,566.40, with all but $566.40 suspended, and imposed <br /> a corrective action requiring Operator to submit a 110 application to the Division <br /> within 30 days of the August 2018 Order with all materials in approvable form. <br /> 3. Operator failed to submit the 110 application and pay the unsuspended <br /> civil penalty on September 26, 2018, the deadline from the August 2018 Order. <br /> 4. Operator submitted the required 110 application to the Division on <br /> October 1, 2018, which commenced the thirty-day review period for the application. <br /> 5. At the end of the thirty-day review period, Operator requested and was <br /> granted an extension of the review period to February 28, 2019. <br />