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2021-09-10_ENFORCEMENT - M2008076
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2021-09-10_ENFORCEMENT - M2008076
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Last modified
2/20/2024 10:32:06 AM
Creation date
9/19/2021 9:27:49 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2008076
IBM Index Class Name
Enforcement
Doc Date
9/10/2021
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Robinson Sons, Inc.
Violation No.
MV2019005
Email Name
CMM
JLE
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY <br />OF ROBINSON SONS, INC. 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 August 18, 2021 via video conference to reinstatement of the permit of Robinson <br />Sons, Inc. ("Operator"). Daniel Cunningham appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). There was no appearance on behalf <br />of Operator. <br />The Board, having considered the presentation, materials submitted, and <br />having been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. Operator holds a 112c reclamation permit for a 180.6 -acre sand, gravel, <br />and borrow material mining operation located in Section 26, Township 33 South, <br />Range 67 West, 6th Principal Meridian, Las Animas County. The site is known as <br />the Robinson Sons Gravel Pit No. 1. <br />2. Through an order dated and effective May 30, 2019 (the "May 30, 2019 <br />Order"), the Board found Operator in violation of 34-32.5-117(4)(c)(II) and Rule <br />4.2.1(2) for failure to post additional financial warranty within 60 days of the date <br />of notice of adjustment and revoked the permit. The Board also ordered the <br />following corrective actions: <br />a. (1) By July 24, 2019, advance the reclamation of affected <br />lands as necessary to ensure the sufficiency of the existing <br />$52,815.00 financial warranty; OR <br />b. (2) by July 24, 2019, submit to the Division the additional <br />financial warranty in the amount of $120,915.00. <br />3. Through a consent order effective November 21, 2019, the Board <br />extended the deadline to complete the corrective actions to October 22, 2019. <br />Robinson Sons, Inc. <br />M-2008-076/Robinson Sons Gravel Pit No. 1 <br />W-2019-005 <br />
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