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BEFORE THE MINED LANO RECLAMATION BOARD <br /> STATE OF COLORADO <br /> motion No.MV-2022-003 <br /> F NCNGS OF FACT,CON CLU DNS OF LAW,AND ORDER <br /> IN THE MATIER OF A POSSIBLE VIOLATION BY OF COLORADO FARMS LLC <br /> CEASE AND DEBT ORDER, CORRECTIVE ACTIONS, ANDCML PENALTIES <br /> FOR FAILING TO COMPLY WITH THE CONDITIONS OF A BOARD ORDER, <br /> File No. M-1988-052 <br /> THIS MATTER came beforethe Mined Land Reclamation Board("Board")on <br /> February 16,2022 via video conference to considera possible violabn by Colorado <br /> Farms LLC("Operator"),cease and desist order, corrective actions,and civilpenalties <br /> for failure to comfy with the conditions of a Board Order,file number M 1988-052 <br /> Michael Cunningham appeared on beh2lafthe Divisionof Reclamation, Mining and <br /> Safety("Division"). Therewas noappearance on behalf of Operator. <br /> The Board, having considered the presentation,materials subrrtted,and having <br /> been otherwise fully informed of the facts in the matter, hereby entersthe following: <br /> RINGS OF FACT <br /> 1. Operator holds a 110(c) reclamation permit for a 99-acre sand and gravel <br /> mining operation located Section 28, Township 6 South, Range 64 West,6111 Principal <br /> Meridian,Elbert County. The site is, known as the Bg R Pit. <br /> 2. The DOsibn conducted an inspection of the site on February 3, 2021 and <br /> determined that, based on condtions at the be,the financial warranty was inadequate <br /> to reclaim affected b nds. The Division sent the inspection report to Operator on <br /> February 5,2021. The inspection report informed Operator that il: had untilApril6,2021 <br /> to post a surety increase and included details regarding the increase in financial <br /> warranty. <br /> 3. On Apri16,202 1,Operator responded to the Division,acknowledging the <br /> bond woud be increased and that Operator had sixty daysb 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 Operatorto submit an additional $32,99000 in <br /> financial warranty byJune 19,2021,itydays fromthe date of SI-02. <br /> Colorado Farms LLC <br /> M-1988-052/ Big R Pit <br /> M V-2022--003 1 <br />