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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 INCREASE IN FINANCIAL WARRANTY RELATED <br />TO AMENDMENT 01 FILED BY GALEN REESE AND CORRECTIVE ACTIONS <br />FOR FAILING TO SUBMIT THE FINANCIAL WARRANTY, File No. M- 1996 -050 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />September 14, 2011 in Denver, Colorado as a consent agenda item to consider a <br />Amendment 01 and the increase of financial warranty, file number M- 1996 -050. <br />There were no appearances by or on behalf of Galen Reese ( "Operator "). Eric Scott <br />appeared on behalf of the Division of Reclamation, Mining and Safety ( "Division "). <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 110c reclamation permit for a 9.9 -acre <br />sand and gravel operation, known as the Reese -Logan Sand and Gravel Pit, located <br />in Section 26, SE 1 /4, SE 1 /4, Township 7 North, Range 53 West, 6th Principal <br />Meridian in Logan County, Colorado, permit number M- 1996 -050. <br />2. On November 18, 2009, the Operator submitted an application to <br />amend permit number M- 1996 -050 ( "AM01 "). AMO1 addressed changes to the <br />mining and reclamation plans and required appropriate permits from the State <br />Engineer's Office due to the exposure of groundwater on the site. <br />3. On February 16, 2010, the Division approved AMO1 and increased the <br />bond for the site by $10,575, for a new total bond amount of $17,500. <br />4. On August 4, 2011, the Division notified the Operator that the increase <br />in financial warranty was not posted within 365 days and remains outstanding. <br />5. On August 9, 2011, the Operator admitted the failure to post the <br />required bond and agreed to the Division's recommendations. <br />6. On September 1, 2011 the Operator submitted the bond increase <br />required by AM01 in a form approvable to the Division, provided DRMS with proof <br />of re- notification of the public and surrounding property owners as required, and <br />returned the signed and notarized consent agenda forms. <br />