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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2012 -021 and MV -2012 -022 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY WEST END GRAVEL <br />COMPANY, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILURE TO FULFILL NEW FINANCIAL WARRANTY <br />REQUIREMENTS AND FAILURE TO RECLAIM WITH REASONABLE <br />DILIGENCE, File No. M- 1994 -011 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />June 13, 2012 in Denver, Colorado to consider possible violations by West End Gravel <br />Company ( "Operator "), a cease and desist order, corrective actions, and civil penalties <br />for failing to fulfill new financial warranty requirements and failing to reclaim with <br />reasonable diligence, file number M- 1994 -011. G. Russell (Russ) Means appeared on <br />behalf of the Division of Reclamation, Mining and Safety ( "Division "). Bob <br />Sutherland appeared on behalf of the Operator. This order contains the Board's <br />consolidated findings and facts conclusions of law, and order from two enforcement <br />hearings held at its June 13, 2012 meeting. <br />The Board, having considered the materials presented and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for a 39.4 -acre sand and gravel <br />operation in Section 11, Township 46 North, Range 15 West, 10th Principal <br />Meridian, Montrose County, Colorado. The site, known as the West End Gravel Pit <br />#1, is located southeast of Nucla, Colorado in Montrose County. <br />2. The Division inspected the site in January 2002. From June 2002 <br />through April 2011, the Operator submitted annual reports indicating no change in <br />status or activity at the site. The annual reports indicate that activity at the site <br />ceased in 2002. <br />3. On July 19, 2011, the Division inspected the site. Bob Sutherland, <br />representing the Operator, accompanied the Division on the inspection. During the <br />inspection, the Division found that there was a lack of mining activity, lack of <br />progress towards reclamation, lack of noxious weed control, and that there was a <br />question regarding the Operator's right of legal access. <br />