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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 PERMIT REVOCATION AND THE FORFEITURE OF <br /> THE FINANCIAL WARRANTY OF ARBOLES SAND & STONE, LLC, File No. <br /> M-2013-066 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 17, 2025, for a hearing to consider permit revocation and forfeiture of the <br /> financial warranty for Arboles Sand & Stone, LLC ("Operator"), file No. M-2013-066. <br /> Chris Girardi appeared on behalf of the Division of Reclamation, Mining, and Safety <br /> ("Division"). Nathan Barton appeared on 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 112(c) permit for a 161.9-acre sand and gravel <br /> operation located in Section 21, Township 33 North, Range 5 West, loth Principal <br /> Meridian. The site, known as the Lob Lolly Pit, is located in Archuleta County, <br /> Colorado. <br /> 2. Following a hearing on November 12, 2025, the Board issued an order <br /> effective November 19, 2025 (the "November 19, 2025 Order"), issuing a cease-and- <br /> desist order of the Operator's permit and finding the financial warranty subject to <br /> forfeiture for failure to cure a default under its performance warranty. <br /> 3. On October 9, 2025, the Division sent Operator and all financial <br /> warrantors Notice of Enforcement Hearing for Forfeiture of Financial Warranty <br /> informing Operator and the financial warrantor, that the financial warranty was <br /> subject to forfeiture and that the matter had been scheduled for the Board's <br /> December 2025 meeting. <br /> 4. Operator failed to provide an updated financial warranty by the <br /> December 16, 2025 Board meeting. <br /> 5. At the hearing, the Division presented testimony that it provided the <br /> required notice to the Operator and all financial warrantors. The Division had <br /> not received appropriate financial warranty from Operator. <br />