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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-013 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY T BONE STONE, INC., <br /> FINDING THE FINANCIAL WARRANTY TO BE SUBJECT TO FORFEITURE, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL <br /> PENALTIES FOR FAILING TO MAINTAIN FINANCIAL WARRANTY, File No. <br /> M-2004-030 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> July 17, 2024, to consider a possible violation by T Bone Stone, Inc. ("Operator"), <br /> finding the financial warranty to be subject to forfeiture, cease and desist order, <br /> corrective action, and civil penalties for failing to maintain financial warranty, file <br /> No. M-2004-030. Patrick Lennberg and Jared Ebert appeared on behalf of the <br /> Division of Reclamation, Mining, and Safety ("Division"). Bill Tenore appeared on <br /> behalf of the Operator. <br /> The Board, having considered the presentations, materials presented, and <br /> having been otherwise fully informed of the facts in the matter, enters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c permit for a 25-acre sandstone operation <br /> located in Section 6, Township 3 North, Range 70 West, 6th Principal Meridian, in <br /> Boulder County, Colorado, permit number M-2004-030. The site is known as the T <br /> Bone Stone Quarry. <br /> 2. On April 30, 2024, the Division sent Operator notice that the Division <br /> had received notification from BMO Bank (formerly known as Bank of the West) <br /> that a letter of credit currently held as part of the financial warranty will expire on <br /> August 6, 2024. The Division's notice informed Operator that it must provide a <br /> substitute bond of$20,300.00 by June 6, 2024, to avoid an enforcement action. <br /> 3. Between May and June 12, 2024, the Division and Operator <br /> corresponded via email and phone regarding Operator's efforts to reinstate the <br /> letter of credit and gain compliance. <br /> 4. On June 13, 2024, the Division sent a Reason to Believe a Violation <br /> Exists letter to the Operator for a possible violation pursuant to section 34-32.5- <br /> 117(6)(a) of the Colorado Land Reclamation Act for the Extraction of Construction <br />