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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 REQUEST OF LARRY AND CHRISTINE <br /> TORTORICE FOR A SECOND PERIOD OF TEMPORARY CESSATION, <br /> File No. M-2004-043. <br /> THIS MATTER came before the Mined Land Reclamation Board("Board")on <br /> December 15,2021 via videoconference for a hearing to consider the request for a <br /> second period of temporary cessation filed by Larry and Christine Tortorice("Operator"), <br /> file number M-2004-043("permit"). Jared Ebert appeared on behalf of the Division of <br /> Reclamation, Mining and Safety("Division"). Christine Tortorice appeared on behalf of <br /> Operator. <br /> The Board, having considered the presentations, testimony, and evidence of the <br /> Division'and Operator,and being otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 112(c)reclamation permit for 32.62 acres of sand and <br /> gravel mining. The site, known as the Valco T Pit, is a designated sand and gravel <br /> operation and is located in Las Animas County, Section 35, Township 32 South, Range <br /> 63 West,6th Principal Meridian, <br /> 2. On June 14, 2021,the Division received a request for a period of <br /> Temporary Cessation for the site. <br /> 3. On September 13, 2021, the Division performed an inspection of the site. <br /> The Division's inspection found that boundary markers and mine identification signs <br /> were not compliant and required corrective actions to remedy the issues. <br /> 4. The inspection report also noted that the Division's review of past annual <br /> reports indicated that the last recorded mining activity occurred on September 29, 2014 <br /> and that the Division would consider the operation to have ceased production on that <br /> date. <br /> 5. On August 4, 2021, the Division informed Operator that it viewed the <br /> request for Temporary Cessation to now be complete. On September 23, 2021, the <br /> Division sent a review letter to Operator and stated that because the last known date of <br /> ' The Division was advisory staff to the Board, not a party, in this proceeding. <br />