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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2025-016 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY ARBOLES SAND & <br /> STONE, LLC, FINDING THE FINANCIAL WARRANTY TO BE SUBJECT TO <br /> FORFEITURE, CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND <br /> CIVIL PENALTIES FOR FAILING TO MAINTAIN FINANCIAL WARRANTY, <br /> File No. M-2013-066 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> November 12, 2025, to consider a possible violation by Arboles Sand & Stone, LLC <br /> ("Operator"), finding the financial warranty to be subject to forfeiture, cease and <br /> desist order, corrective action, and civil penalties for failing to maintain financial <br /> warranty, file No. M-2013-066. Chris Girardi appeared on behalf of the Division of <br /> Reclamation, Mining, and Safety ("Division"). Nathan Barton appeared on behalf of <br /> 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 112(c) permit for a 161.9-acre sand and gravel <br /> operation located in Section 21, Township 33 North, Range 5 West, 10th Principal <br /> Meridian. The site, known as the Lob Lolly Pit, is located in Archuleta County, <br /> Colorado. <br /> 2. On September 23, 2025, the Division received notification from <br /> Community Banks of Colorado that the Letter of Credit constituting the Operator's <br /> financial warranty will expire on December 31, 2025. <br /> 3. On September 24, 2025, the Division notified the Operator that the <br /> Division must receive a replacement financial warranty by October 8, 2025. <br /> 4. No replacement financial warranty was provided by the October 8, <br /> 2025 deadline. <br /> 5. On October 9, 2025, 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 /> Materials, Article 32.5 of Title 34, C.R.S. (2024) ("Act") for failure to maintain the <br />