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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -019 <br />AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY VENABLE'S WELDING & <br />ROUSTABOUT, INC., CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, <br />AND CIVIL PENALTIES FOR FAILING TO MAINTAIN A FINANCIAL <br />WARRANTY IN GOOD STANDING FOR THE ENTIRE LIFE OF A PERMIT, <br />FILE M- 2004 -043 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on August 10, 2011 in Denver, Colorado for a hearing to consider a possible <br />violation, cease and desist order, corrective actions, and civil penalties for failing to <br />maintain a financial warranty in good standing for the entire life of a permit <br />regarding file number M- 2004 -043. Barbara Coria and Jared Ebert appeared on <br />behalf of the Division of Reclamation, Mining and Safety ( "Division "). There was no <br />appearance on behalf of Venable's Welding & Roustabout, 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 112c reclamation permit for the 32.62 -acre sand <br />and gravel operation is in Section 35, Township 32 S, Range 63, W of the 6th <br />Principal Meridian, Las Animas County, Colorado, known as the Valco T Pit. <br />2. The Division holds a financial warranty for the Valco T Pit, file <br />number M- 2004 -010, in the form of a bond by Merchants Bonding Company <br />( "Merchants "), bond number CO 11200, in the amount of $48,000.00. On or about <br />April 13, 2011, the Division received a cancellation/nonrenewal notice from <br />Merchants regarding bond number CO 11200, effective July 16, 2011. <br />3. On April 14, 2011, the Division sent a Reason to Believe a Violation <br />Exists letter to the Operator stating that replacement of the financial warranty was <br />due by July 16, 2011 and providing information about the August 2011 hearing. <br />4. The financial warranty for the Valco T Pit was cancelled on July 16, <br />2011. The Operator has failed to renew or replace the warranty. <br />