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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -038 <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- 1992 -102 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on November 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 />1992 -102. G. Russell Means appeared on behalf of the Division of Reclamation, <br />Mining, and Safety ( "Division "). Judy DeVincentis appeared on behalf of Western <br />Gravel, 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 a 61 -acre sand and <br />gravel site located in Section 17, Township 48 North, Range 9 West, 10th Principal <br />Meridian, Montrose County, Colorado. The site is known as the South D -20 Pit. <br />2. On September 16, 2009, Washington International Insurance <br />Company ( "Washington International ") issued a surety bond, number S4005090, in <br />the amount of $101,175.00 as financial warranty for the South D -20 Pit. <br />3. On July 19, 2010, the Division received notice of cancellation of bond <br />number S4005090 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 />September 16, 2011. <br />