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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2017-008 <br /> FINDINGS OF FACT, CONCLUSIONS ON LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY WESTERN EQUIPMENT& <br /> TRUCK, INC.,CEASE AND DESIST ORDER, CORRECTIVE ACTION,AND CIVII. <br /> PENALTIES FOR FAILING TO PAY ANNUAL!FEES, FILE ANNUAL REPORTS,AND <br /> FILE ANNUAL MAPS, File No. M-2002-052 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board")in on <br /> August 23, 2017 in Denver, Colorado for a hearing to consider a possible violation by <br /> Western Equipment&Truck, Inc. ("Operator"),, cease and desist order, corrective <br /> actions, and civil penalties for failing to pay anLal fees,file annual reports, and file <br /> annual maps, file number M-2002-052. Seotti�Tate appeared on behalf of the Division <br /> of Reclamation, Mining and Safety("Division"I". There was no appearance on behalf of <br /> Operator. <br /> The Board,having considered the Di-vrisibn's presentation and being otherwise <br /> fully informed of the facts and law, hereby enters the following findings of fact, <br /> conclusions of law, and order. <br /> FINDINGS OF FACT <br /> i <br /> 1. Operator holds a 112c reclamation permit for a sand and gravel operation <br /> located in Section 2, Township 4 North, Range 17 West, 6th P.M. in Weld County. The <br /> site is known as Two Rivers Rock. <br /> 2. On August 1, 2015,the Division sent Operator an Annual Fee Invoice and <br /> Report Request for 2015. <br /> 3. On July 22,2016,the Division sentlOperator an Annual Fee Invoice and <br /> Report Request for 2016. <br /> 4. On April 21,2017,the Division issued Operator Notice of Violation number <br /> MV-2017-008 and Notice of Board Hearing, including an assessment of a civil penalty in <br /> the amount of$791,informing Operator of the possible violations of the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, <br /> C.R.S. ("Act") and providing details regarding a hearing on this matter scheduled for <br /> May 24, 2017. <br /> 5. Operator's annual fee in the amount of$791, completed annual report, and <br /> map were due by the anniversary date of August 2, 2015 and 2016. <br /> I <br />