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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINfiS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF MOBILE PREMIX CONCRETE, INC., THE HOWE PIT SITE, FILE NO. M-1978-052, NOTICE OF VIOLATION MV-2001-041, CORRECTIVE ACTIONS, AND ASSESSMENT OF CIVIL PENALTIES FOR FAILURE TO PERFORM RECLAMATION ACCORDING TO RECLAMATION PLAN THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on October 17, 2001, for a hearing pursuant to Section 34-32.5-124, C.R.S. The Board, having considered the petition, the testimony and exhibits of the parties, and having been otherwise fully informed in the premises, hereby makes the following Findings of Fact and Conclusions of Law, and enters the following Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Mobile Premix Concrete, Inc. ("Mobile Premix") is permitted to conduct a 112 surface sand and gravel operation at the Howe Pit site in Adams County, Colorado, Section 4, T2S, R67W, 6'° P.M., pursuant to Permit No. M-1978-052. 2. The Boazd conducted a Formal Public Hearing on October 17, 2001, [o consider a possible violation of the provisions of Section 34-32.5-116(1), C.R.S., for failure to perform reclamation according to the reclamation plan. 3. On July 5, 2001, the Division conducted an inspection of the Howe Pit Site. Following the inspection, the Division determined that at least 550 linear feet of Bull Seep had been relocated to a location less than 200 feet of the South Platte River. Approximately 300 linear feet of Bill Seep had been relocated to a position immediately adjacent to, and on the pit side of, the flood control levee between the Howe Pit and the South Platte River, a position only approximately 60 feet from the river. 4. The reclamation plan requires that the pre-existing Bull Seep could be relocated to a position no closer to the South Platte River than 200 feet. 5. The Board finds that Mobile Premix violated the provisions of Section 34-32.5-116(1), C.R.S. 6. The Boazd finds that the violation lasted for 48 days. The Board finds that it may assess a civil penalty in the amount of between $100.00 to $1,000.00 per day, for a total of between $4,800.00 to $48,000.00. The Board further finds that the maximum civil penalty in the amount of $48,000.00 should be assessed to Mobile Premix, and that it is appropriate to suspend all but $10,000.00 of the civil penalty pending compliance with the corrective action set forth below.