2013-07-19_ENFORCEMENT - M1995007

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV- 2013 -022 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY BENT COUNTY READY MIX, CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL PENALTIES FOR FAILING TO MAINTAIN SUFFICIENT FINANCIAL WARRANTY, File No. M -1995 -007 THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on June 12, 2013 in Denver -, Colorado to consider a possible violation by Bent County Ready Mix ( "Operator "), corrective actions, cease and desist order, and civil penalties for failing to maintain a sufficient financial warranty, file No. M -1995- 007. There was no appearance on behalf of the Operator. Tyler O'Donnell appeared on behalf of the Division of Reclamation, Mining and Safety ( "Division"). The Board, having considered the materials presented and the Division's presentations and having been otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110(c) permit for a 9.9 -acres sand and gravel operation located in Section 8, Township 22 North, Range 52 West, 6th Principal Meridian in Bent County, Colorado, permit number M- 1995 -007. The site is known as the Thomeczek Pit. 2. On February 7, 2013, the Division inspected the site. Based on the Division's observation, the Division calculated that the cost to reclaim the site is $25,357.97. The Operator has $9,500 of financial warranty on deposit. The new required financial warranty, $25,400, results in a current deficit in financial warranty of $15,900. 3. By a Surety Increase letter dated March 5, 2013, the Division notified the Operator of the increase, that the current financial warranty is insufficient, and required the Operator to submit a bond increase of $15,900 within sixty days, by May 4, 2013. The Operator failed to submit a warranty increase by that deadline or since.