2014-03-10_ENFORCEMENT - M2000047 (2)

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE REINSTATEMENT OF PERMIT NO. M- 2000 -047 THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on February 19, 2014 in Denver, Colorado to consider the request for reinstatement by Diamond B Enterprises, LLC ( "Operator "), file number M- 2000 -047. Anthony Blasi appeared 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 parties' presentations, materials presented, and having been otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110c permit for a 9.99 -acre gravel operation. The site, known as the Diamond Rock Pit, is located in Section 4, Township 30 South, Range 67 West, 6th Principal Meridian, in Huerfano County. 2. At its meeting on August 14, 2013, the Board found the Operator in violation of section 34- 32.5- 116(3)(a), C.R.S. for failure to submit required annual fees and annual reports for 2011, 2012, and 2013. The Board ordered permit number M- 2000 -047 revoked and the financial warranty for such permit forfeited. The Board issued an order with these terms, effective August 28, 2013. 4. On February 3, 2014, the Operator paid the outstanding annual fees for 2011 -2013 and civil penalties. On February 7, 2013, the Division received a written request from the Operator to reinstate permit number M- 2000 -047. 5. On February 24, 2014, the Operator filed an updated annual report for the site. 6. The Division does not oppose reinstating permit number M -2000 -047. CONCLUSIONS OF LAW 7. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2013) ( "Act ").