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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 CIVlL PENALTIES <br /> FOR FAILING TO COMPIY WITH THE CONDITiONS OF A BOARD ORDER, <br /> Fife 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 vf 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 focated in Section 28, Township 6 South, Range 64 West, 6'" 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 iands. The Division sent the inspection report to Operator on <br /> February 5, 2021. The inspection report informed Operator that it had until Aprif 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 si�cty days to post the lncrease In <br /> financial warranty. <br /> 4- On April 20, 2021, the Division sent Operator a notice of Financia! <br /> Warranty Increase, ("SI-02") requiring pperator to submit an additional $32,990.00 in <br /> financial warranty by June 19, 2021, sixty days from the date of SI-02. <br /> Colorado Farms LLC <br /> M-1988-052/Big R Pit <br /> M V-2022-003 <br /> 1 <br />