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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-027 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF HIGH PLAINS SAND AND GRAVEL LLC, NOTICE OF <br />POSSIBLE VIOLATION FOR FAILURE TO MAINTAIN FINANCIAL WARRANTY IN <br />GOOD STANDING FOR THE LIFE OF THE PERMIT AND FAILURE TO COMPLY <br />WITH PERFORMANCE WARRANTY, File No. M-1994-096 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 15, 2010, in Denver, Colorado for a hearing to consider a possible violation for <br />failure to maintain financial warranty in good standing for the life of the permit and failure to <br />comply with performance warranty. The file number is M-1994-096. Eric Scott and <br />Assistant Attorney General Peter Hack appeared on behalf of the Division of Reclamation, <br />Mining and Safety ("Division"). Mr. Robert Pittington appeared on behalf of High Plains <br />Sand and Gravel, LLC (the "Operator"). <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a section 112c reclamation permit for this 49-acre sand <br />and gravel operation. The site, known as the Russell Pit, is located in Section 3 Southeast %4 <br />of Northwest '/4, Township 9 North, Range 68 West, 6 h Principal Meridian, in Larimer <br />County. The site is immediately east of the Interstate 25 frontage road, approximately one <br />mile north of Exit 281, north of Wellington, Colorado. As of September 2010, <br />approximately 13 acres of the permitted area were disturbed by mining. <br />2. On April 2, 2010 the Norbel Credit Union sent the Division a notice that it <br />would not be renewing the Letter of Credit ("LOC") that was posted as financial warranty for <br />the site. The $33,900 LOC would expire on July 16, 2010. <br />3. On April 6, 2010 the Division sent Norbel a letter acknowledging the LOC <br />cancellation. The Division notified Mr. Pittington that the Operator was required to provide <br />a substitute $33,900 financial warranty by July 16, 2010. <br />4. On May 20, 2010 the Division sent a letter to Norbel to draw on the LOC <br />before it expired. <br />High Plains Sand and Gravel LLC, Russell Pit <br />M-1994-096 <br />MW-2010-027