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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -033 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY FREMONT PAVING & REDIMIX, <br />INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO PERFORM <br />RECLAMATION PRESCRIBED BY THE RECLAMATION PLAN AND FAILING TO <br />MAINTAIN SUFFICIENT FINANCIAL WARRANTY, File No. M- 2000 -041 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />December 12, 2012 in Denver, Colorado to consider a possible violation by Fremont Paving & <br />RediMix, Inc. ( "Operator "), corrective actions, and civil penalties for failing to obtain a <br />reclamation permit prior to engaging in a new operation and failing to protect areas outside of <br />the affected land from slides or damage, file number M- 2000 -041. Angela Ballantoni, <br />Environmental Alternatives, Inc., appeared on behalf of the Operator. Tim Cazier appeared on <br />behalf of the Division of Reclamation, Mining and Safety ( "Division "). <br />The Board, having considered the materials presented with this agenda item and <br />having been 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 an 448 -acre sand and gravel operation <br />located in Section 35, Township 20 South, Range 63 West, 6th Principal Meridian in Pueblo <br />County, Colorado, permit number M- 2000 -041. The site, known as the Evans #2 Pit, is located <br />approximately ten miles east of Pueblo, Colorado. <br />2. On July 27, 2012, the Division conducted a monitoring inspection to follow -up a <br />February 1, 2012 inspection. The Division also met with the Operator and John Sliman, a <br />neighboring sod farmer. John Paul Ary and Denise Gozales represented the Operator at the <br />inspection. John Van Oort, of the Colorado Division of Water Resources, was also present <br />during the inspection. The Division found that the site is active. The Division also found that at <br />least 115 acres within the permit boundary have been disturbed. While the total permit area is <br />448 acres, only 80 acres within the permit boundary may be affected area. <br />3. In 2007, the allowable affected area was increased to 80 acres with the approval <br />of Technical Revision SI -01. At that time, the financial warranty for the site was increased to <br />$226,196. The Operator has not increased the financial warranty account for the current affected <br />area of approximately 115 acres. <br />4. The Division mailed the July 27, 2012 inspection report to the Operator on <br />November 7, 2012. <br />5. On November 8, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged violations and <br />information about the December 12, 2012 hearing. <br />