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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 VIOLATIONS OF MOBILE PREMIX CONCRETE, INC., HOWE PIT, FILE NO. <br />M-1978-052, MV-2001-041. <br />THIS MATTER came before the Mined Land Reclamation Board on March 20, 2002 at Denver, <br />Colorado for hearing on a request to modify the Board's October 26, 2001 Order. Jeffrey W. Schwazz, Esq. <br />and Duane Bollig appeazed on behalf of Mobile. Tom Schreiner appeared on behalf of the Division. The <br />Board, having considered the testimony and exhibits of the parties, and having been otherwise fully informed in <br />the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Mobile operates a 112c surface sand and gravel pit, in accordance with Pernrit No. M-1978-052, known as <br />the Howe Pit, in Section 4, T2S, R67W, 6`s P.M., Adams County, Colorado. <br />2. On October 26, 2001, the Board entered Findings of Fact, Conclusions of Law and Order against Mobile <br />finding it in violation, requiring corrective action and assessing a civil penalty. <br />3. Mobile is complying with required corrective action to date, and is implementing drainage control plans that <br />exceed the requirements imposed by the Division and the Board. <br />4. The Division and Mobile propose stipulated modi£cations to the Boazd's order that clarify Mobile's <br />obligation to install a revised drainage control plan for the Bull Seep Slough, to submit the as-built designs <br />For the revised plan, to submit the certified statement of a registered professional engineer that all <br />components of the plan have been properly installed, to extend the deadline for submitting its plans, and [o <br />exclude the revegetation portion of the plan from the deadline in question. <br />5. The parties' stipulations are reasonable, and Mobile's good faith and diligence aze commended. <br />