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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 MULLETT EXCAVATING, LLC AND <br />CORRECTIVE ACTIONS FOR FAILING TO SUBMIT THE FINANCIAL <br />WARRANTY, File No. M- 2000 -115 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on December 7, 2011 in Denver, Colorado as a consent agenda item to consider <br />Amendment 01 and the increase of financial warranty, file number M- 2000 -115. <br />There were no appearances by or on behalf of Mullet Excavating, LLC <br />( "Operator "). Jared Ebert appeared on behalf of the Division of Reclamation, <br />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 112c reclamation permit for a <br />construction materials operation, known as Mullett Excavating Pit #1, located in <br />Section 19, SE 1 /4, Township 29 South, Range 61 West, 6th Principal Meridian, Las <br />Animas County, Colorado, permit number M- 2000 -115. <br />2. On September 17, 2009, the Division approved an application <br />Operator submitted to amend permit number M- 2000 -115 ( "AM01 "), a corrective <br />action required by the Board in Violation No. MV- 2008 -014. When the Division <br />approved AM01, it increased the financial warranty by $4,903 for a new total bond <br />amount of $46,503. The Operator did not submit the additional financial warranty <br />amount within one calendar year of the approval of the AM01. Therefore, AMO1 <br />was not finalized. <br />3. On August 25, 2011, the Division notified the Operator that because <br />the increase in financial warranty was not submitted, AMO1 was never finalized <br />and, therefore, the violation was not completely corrected. The August 25, 2011 <br />letter also notified the Operator that the Division will require the Operator to <br />initiate notification process in Rule 1.6 of the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated <br />Mining Operations, 2 C.C.R. 407 -1 ( "Rules "). <br />