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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 THE FORFEITURE OF THE FINANCIAL WARRANTY <br /> OF COLORADO FARMS LLC, File No. M-1988-052 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on dune 22, 2022 via video conference for a hearing to consider forfeiture of the <br /> financial warranty for Colorado Farms LLC ("Operator"), file number M-1988-052. <br /> Amy Eschberger and Michael Cunningham appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division"). Ranko Mocevic appeared on behalf <br /> 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 /> 6a► Principal Meridian, Elbert County. The site is known as the Big R Pit. <br /> 2. Following a hearing on February 16, 2022, the Board issued an order <br /> effective March 22, 2022, revoking Operator's permit and finding the financial <br /> warranty subject to forfeiture for failure to cure a default under its performance <br /> warranty. <br /> 3. On March 24, 2022, the Division conducted an inspection of the site. <br /> The inspection report, signed and sent to Operator on April 15, 2022, described <br /> Operator's failure to provide an adequate financial warranty despite previous Board <br /> Orders and notice from the Division. The inspection report also detailed the <br /> grounds for the financial warranty increase. <br /> 4. On April 1, 2022, the Division sent Operator a Notice of Enforcement <br /> Hearing for Forfeiture of Financial Warranty informing Operator, who is also the <br /> Colorado Farms LLC <br /> M-1988-052/Big R Pit <br /> MV-2022-003 1 <br />