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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV 2022-003 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY OF COLORADO FARMS LLC <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br /> FOR FAILING TO COMPLY WITH THE CONDITIONS OF A BOARD ORDER, <br /> File No. M-1988-052 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board")on <br /> February 16, 2022 via video conference to consider a possible violation by Colorado <br /> Farms LLC("Operator"),cease and desist order, corrective actions, and civil penalties <br /> for failure to comply with the conditions of a Board Order, file number M-1988-052. <br /> Michael Cunningham appeared on behalf of the Division of Reclamation, Mining and <br /> Safety("Division"). There was no appearance on behalf of Operator. <br /> The Board, having considered the presentation, materials submitted, and having <br /> been otherwise fully informed of the facts in the matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1- Operator holds a 110(c)reclamation permit for a 9.9-acre sand and gravel <br /> mining operation located in Section 28, Township 6 South, Range 64 West, 61 Principal <br /> 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 and <br /> determined that, based on conditions at the site,the financial warranty was inadequate <br /> to reclaim affected lands. The Division sent the inspection report to Operator on <br /> February 5, 2021. The inspection report informed Operator that it had until April 6, 2021 <br /> to post a surety increase and included details regarding the increase in financial <br /> warranty. <br /> 3. On April 6, 2021, Operator responded to the Division, acknowledging the <br /> bond would be increased and that Operator had sixty days to post the increase In <br /> financial warranty. <br /> 4. On April 20,2021,the Division sent Operator a notice of Financial <br /> Warranty Increase, ("SI-02")requiring Operator to submit an additional $32,990.00 in <br /> financial warranty by,tune 19, 2021, sixty days from the date of SI-02. <br /> Colorado Farms LLC <br /> M-1988-0521 Big R Pit <br /> MV 2022-003 <br /> 1 <br />