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• <br />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 Et:permit and failure to comply with the performance warranty, file ,number M- <br />1992,102. G.11iissell 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 'eflaliv and order. <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 knoWii 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 as financial warranty for the South D-20 Pit. <br />3: 9,1,1 Jul 19, 2010, the Division received notice of cancellation of bond <br />4#03ers4005900 from Washth International . The notice of cancellation stated <br />the aaricellation.date as October 15, 2010. <br />4. On efOy 26, 2010, the Division sent a letter to Washington <br />;4 4, <br />International noting the Correct cancellation date as the bond anniversary date of <br />SepteMbei. 16, 2011. <br />FINDINGS OF FACT <br />