Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2011-007 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF WESTERN GRAVEL, INC., POSSIBLE VIOLATION, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO MAINTAIN A FINANCIAL WARRANTY IN GOOD STANDING FOR <br />THE LIFE OF A PERMIT AND TO COMPLY WITH THE PERFORMANCE <br />WARRANTY, FILE M-1984-108 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on February 9, 2011 in Denver, Colorado for a hearing to consider the possible <br />violation, cease and desist order, corrective actions, and civil penalties for Western <br />Gravel, Inc.'s failure to maintain a financial warranty in good standing for the life <br />of a permit and failure to comply with the performance warranty, file number M- <br />1984-108. Russ Means appeared on behalf of the Division of Reclamation, Mining, <br />and Safety ("Division"). There were no appearances on behalf of Western Gravel, <br />Inc. ("Operator"). <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts, hereby enters the following findings of fact, <br />conclusions of law and order. <br />FINDINGS OF FACT <br />1. The Operator has a 110c reclamation permit for the 9.9-acre sand and <br />gravel site located in Section 22, Township 50 North, Range 10 West, 10th Principal <br />Meridian, Montrose County, Colorado. The site is known as the Olathe Pit. <br />2. On January 13, 2010, Washington International Insurance Company <br />("Washington International") issued a surety bond, number in the <br />amount of 8,167.00 as financial warranty for the Olathe Pit. <br />3. On July 19, 2010, the Division received notice of cancellation of bond <br />number 58001687 from Washington International. The notice of cancellation stated <br />the cancellation date as October 15, 2010. <br />4. On July 20, 2010, the Division sent a letter to Washington <br />International noting the correct cancellation date as the bond anniversary date of <br />January 13, 2011.