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<br />1c, ko? <br />MINED LAND RECLAMATION BOARD <br />BEFORE THE <br />STATE OF COLORADO <br />Notice of Violation No.: MV-2009-003 <br />v <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER <br />IN THE MATTER OF MALOUFF PIT, OPERATED BY MALQ E CONSTRUCTION, <br />INC., PERMIT VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION <br />X R9 CIVIL PENALTY FOR FAILURE TO MAINTAIN SUFFICIENT FINANCIAL <br />WARRANTY AND FAILURE TO SUBMIT A FINANCIAL WARRANTY WITHIN 60 <br />DAYS OF ADJUSTMENT, File No.: M-1982-033 s,? <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 7, 2009, in Denver, Colorado for a hearing to consider-a possible permit violation, <br />cease and desist order, corrective actions and civil penalties for failure to maintain sufficient <br />financial warranty and failure to submit a financial warranty within 60 days of adjustment. <br />The file number is M-1982-033. Kate Pickford appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). There were no appearances on behalf of the <br />Operator, Malouff Construction, Inc., ("Operator"). <br />The Board, having considered the Division's presentation and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and Board Order: <br />FINDINGS OF FACT <br />1. The Operator possesses a Section 112c Reclamation Permit that authorizes the <br />Operator to extract sand and gravel from a 90.1 acre site. The site is located in Conejos <br />County, Sec. 4, T36N, R8E, Oh P.M. and is called the Malouff Pit. <br />2. The Division informed the Operator by letter on February 6, 2008, that the <br />financial warranty for the Malouff Pit, Permit Number M-1982-033, was increased from <br />$1,700 to $4,035, an increase of $2,335. The increase in the financial warranty amount was <br />based on the cost summary form completed on January 22, 2008 by Kate Pickford using <br />Malouff Pit site-specific data and Circes Cost Estimating Software. The letter offered the <br />Operator sixty days from the date of the letter to submit a new financial warranty or amend <br />the existing financial warranty to the increased amount. <br />3. The Division notified the Operator by letter again on September 26, 2008, of <br />the increase in the financial warranty. The Division gave the Operator an additional sixty <br />days from the receipt of the September 26, 2008 letter to submit the increased financial <br />warranty. The letter states in part, "[p]lease submit the required Financial Warranty within <br />Malouff Pit <br />M-1982-033