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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2016-003 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF THE REQUEST OF GARNET MESA INVESTMENTS, LLC <br /> FOR PERMIT REINSTATEMENT, File No. M-2012-024 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on May 24, 2016 in Denver, Colorado as a consent agenda item to consider a request <br /> to reinstate the permit of Garnet Mesa Investments, LLC ("Operator"), file number <br /> M-2012-024. <br /> The Board, being fully informed of the facts and law, hereby enters the <br /> following findings of fact, conclusions of law, and order. <br /> FINDINGS OF FACT <br /> 1. Operator held a 112c reclamation permit for a sand and gravel <br /> operation located in Section 9, Township 15 South, Range 95 West, 6th Principal <br /> Meridian in Delta County. The site is known as the Warren Gravel Pit. <br /> 2. At its March 23, 2016 meeting, the Board considered the Operator's <br /> failure to pay the annual fee for 2015. At that hearing, the Board found the Operator <br /> in violation of section 34-32.5-116(3)(a) and (b), C.R.S., affirmed the civil penalty <br /> imposed by the Division, revoked permit number M-2012-024, and found the <br /> financial warranty subject to forfeiture. <br /> 3. On November 9, 2016, the Operator paid the annual fee. <br /> 4. On April 20, 2017, the Division of Reclamation, Mining & Safety <br /> ("Division") received a letter from the Operator requesting reinstatement of permit <br /> number M-2012-024. <br /> 5. The Division does not oppose reinstating permit number M-2012-024. <br /> CONCLUSIONS OF LAW <br /> 6. The Board has jurisdiction over this matter and Operator pursuant to <br /> the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br /> Article 32.5 of Title 34, C.R.S. (2016). <br />