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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation MV-2016-003 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF VIOLATIONS OF GARNET MESA INVESTMENTS, LLC, <br /> REVOCATION, AND CONSIDERATION OF WHETHER A FINANCIAL <br /> WARRANTY IS SUBJECT TO FORFEITURE FOR FAILING TO SUBMIT <br /> ANNUAL REPORTS, MAP, AND ANNUAL FEES, File No. M-2012-024 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on March 23, 2016 in Denver, Colorado to consider violations by Garnet Mesa <br /> Investments, LLC ("Operator"), revocation, and consideration of whether the <br /> financial warranty is subject to forfeiture for failing to pay annual fees and failing <br /> to submit annual reports and maps, permit number M-2012-024. There was no <br /> appearance on behalf of Operator. Scottie Tate, Wally Erickson, and Tony Waldron <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> The Board, having considered the Division's presentation, the materials <br /> presented, and having been otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 112c permit for a 41.69-acre sand and gravel operation. <br /> The site, known as the Warren Gravel Pit, is located in Section 9, Township 15 <br /> South, Range 95 West, 6th Principal Meridian, in Delta County, Colorado. <br /> 2. On October 1, 2015, the Division mailed Operator an Annual Fee Invoice <br /> and Report Request letter, requesting that Operator submit the 2015 annual fee of$86, <br /> annual report, and map by the permit anniversary date of November 6, 2015. <br /> 3. Operator did not respond to the Division's October 1, 2015 Annual Fee <br /> Invoice and Report Request letter. Operator failed to submit the annual fee, map, <br /> and annual report for 2015, as required by section 34-32.5-116(3)(a) and (b), C.R.S. <br /> by the permit anniversary date of November 6, 2015. <br /> 4. On February 12, 2016, the Division mailed Notice of Violation MV-2016- <br /> 003 ("NOV") to Operator. The NOV notified Operator of the alleged violation and the <br /> March 23, 2016 hearing before the Board. The NOV also required Operator to pay <br /> the 2015 annual fee, pay a civil penalty in the amount of$791, and submit the 2015 <br />