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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV-2021-021 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY <br />OF COLORADO FARMS LLC FOR FAILURE TO POST ADDITIONAL <br />FINANCIAL WARRANTY WITHIN SIXTY DAYS OF THE DATE OF NOTICE <br />OF ADJUSTMENT, File No. M-1988-052 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on September 22, 2021 via video conference to consider a possible violation by <br />Colorado Farms LLC ("Operator"), cease and desist order, corrective actions, and <br />civil penalties for failure to post additional financial warranty within sixty days of <br />the notice of adjustment, file number M-1988-052. Amy Eschberger appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). There was <br />no appearance on behalf of Operator. <br />The Board, having considered the presentation, materials submitted, and <br />having been otherwise fully informed of the facts in the matter, hereby enters the <br />following: <br />FINDINGS OF FACT <br />1. Operator holds a 110(c) reclamation permit for a 9.9-acre sand and <br />gravel mining operation located in Section 28, Township 6 South, Range 64 West, <br />6th Principal Meridian, Elbert County. The site is known as the Big R Pit. <br />2. The Division conducted an inspection of the site on February 3, 2021 <br />and determined that, based on conditions at the site, the financial warranty was <br />inadequate to reclaim affected lands. The Division sent the inspection report to <br />Operator on February 5, 2021. The inspection report informed Operator that it had <br />until April 6, 2021 to post a surety increase and included details regarding the <br />increase in financial warranty. <br />3. On April 6, 2021, Operator responded to the Division, acknowledging <br />the bond would be increased and that Operator had sixty days to post the increase <br />in financial warranty. <br />Colorado Farms LLC <br />M-1988-052/ Big R Pit <br />MV-2021-021 <br />