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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 PERMIT AMENDMENT APPLICATION AND <br />FINANCIAL WARRANTY SUBMITTED BY DONALD R. HART, File No. M- <br />1980 -049 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on January <br />9, 2013 in Denver, Colorado as a consent agenda item to consider the permit amendment <br />application of Donald R. Hart ( "Operator ") and the financial warranty submitted, file number <br />M -1980 -049. <br />The Board, having considered the materials presented with this consent 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 permit for a sand and gravel operation located in Section <br />31, Township 51 North, Range 6 West, 10th Principal Meridian in Montrose County, Colorado, <br />permit number M -1980 -049. The site is known as the Mott Gravel Pit. <br />2. On March 6, 2009, the Division of Reclamation, Mining and Safety ( "Division ") <br />received a complete 112c permit amendment application (AM -01) for the Mott Gravel Pit. <br />3. On April 13, 2009, the Division approved the 112c permit amendment <br />application following resolution of technical issues with the application's content. The <br />Division notified the Operator of the approval and of the requirement to post a bond for the <br />permit. <br />4. On August 14, 2012, the Division inspected the site. The Division found that <br />Operator failed to post the required bond following the amendment approval. The Division <br />also found that the Operator had affected 0.73 acres of land outside the approved affected area. <br />5. On September 11, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. <br />6. On October 4, 2012, the Division received additional required reclamation bond <br />in an approvable form, in the amount of $11,701.70. <br />7. On October 28, 2012, the Operator published notice that the permit amendment <br />application would be reconsidered with a comment period deadline of November 7, 2012. No <br />comments were received before the comment period deadline. <br />8. On December 20, 2012, the Operator admitted the violation and agreed with the <br />Division's recommendations. <br />