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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE ALLEGED VIOLATION OF WEST END GRAVEL COMPANY, FII.E NO. <br />M-1994-011. <br />THIS MATTER came before the Mined Land Reclamation Board on July 24, 2002 at Denver, Colorado <br />for hearing on a notice of alleged violation issued to West End Gravel Company (hereinafter Respondent), in <br />accordance with § 34-32.5-124, C.R.S. Bob Sutherland appeazed on behalf of Respondent. Steve Shuey <br />appeazed on behalf of the Division of Minerals and Geology (hereinafter Division). The Boazd, having <br />considered [he position of the parties, and having been otherwise fully informed in the premises, hereby finds <br />and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter, pursuant to C.R.S. § 34-32-124. <br />2. The subject of this action is a 39.4 acre sand and grave] pit known as the West End Gravel Pit site, located <br />in Section 11, T46N, R15W, Montrose County, Colorado. <br />3. The Respondent applied for a technical revision to its permit and, as a result, the Division increased the <br />financial warranty for the operation by $27,641.00, from the original $50,075.00. <br />4. C.R.S. 34-32.5-117(4)(c)(II) requires Respondent to submit the required increased financial warranty <br />within 60 days of the date of notice from the Division that the increase is required. <br />5. The Division sent the Respondent notice on April 16, 2002. The Respondent has yet to submit the <br />required warranty. <br />6. The Respondent explained that there have been 39 acres disturbed at this site, and that it has reclaimed 20 <br />of those acres. The Division agrees with this assessment, but states that the substantial reclamation <br />remains to be done, and that the warranty must be increased. <br />The Respondent does not contest the warranty increase. The Respondent further explained that the surety <br />company that issued the financial warranty for the site will not increase the warranty without updated <br />financial records from the Respondent. The Respondent had retained an accountant to maintain its <br />