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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2018-024 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF REVOCATION OF THE PERMIT AND FINDING THE <br /> FINANCIAL WARRANTY OF DRY CREEK GULCH FARMS, LLC TO BE <br /> SUBJECT TO FORFEITURE, File No. M-1999-047 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 26, 2018 in Denver, Colorado for a hearing to consider revocation of the <br /> permit of Dry Creek Gulch Farms, LLC ("Operator"), and finding the financial <br /> warranty to be subject to forfeiture for Operator's failure to submit an annual report, <br /> map, and fee, and failing to pay a civil penalty. Eric Scott appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). There was no appearance <br /> on behalf of Operator. <br /> The Board, having considered the presentation and having been otherwise <br /> fully informed of the facts, hereby enters the following findings of fact, conclusions <br /> of law and order. <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 11Oc permit for a 9.9-acre aggregate operation. <br /> The site is located in Section 28, Township 2N, Range 48W, Sixth Principal Meridian, <br /> in Yuma County, Colorado. <br /> 2. The Division holds a financial warranty for the site in the amount of <br /> $9,900. <br /> 3. Operator's annual fee and report were due on May 10, 2018, the <br /> anniversary date for the permit <br /> 4. Operator failed to pay the annual fees and submit an annual report and <br /> map for 2018 by the May 10, 2018 deadline or at any other time thereafter. <br /> 5. On August 7, 2018, the Division mailed a Notice of Violation, Civil <br /> Penalties, and Cease and Desist Order to Operator. The notice informed Operator <br /> that it had failed to submit the required annual fees, map, and report for 2018. The <br /> Division informed Operator that because it had failed to submit the required map, <br /> report, and fees, it was in violation of the permit. The notice also informed Operator <br /> that a civil penalty of$323 was assessed and ordered Operator to cease and desist <br />