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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation MV -2019-024 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY OF MAX <br />GRAVEL, LLC, File No. M-2005-023 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on April 22, 2020 via videoconference for a hearing to consider forfeiture of the of Max <br />Gravel, LLC ("Operator"), file number M-2005-023. There were no appearances on <br />behalf of the Operator. Brock Bowles appeared on behalf of the Division of <br />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, enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 9.99 -acre sand and gravel <br />operation. The site, known as the Dallegge Pit #1, is located in Section 17, Township 11 <br />North, Range 52 West, 6th Principal Meridian, in Logan County, Colorado. <br />2. Operator's anniversary date for the permit is August 2. <br />3. Pursuant to section 3432.5-116(3), C.R.S., Operator is required to submit <br />the annual report, map, and fee on August 2 of each year. <br />4. The Operator failed to submit the annual report, map, and fee that were due <br />August 2, 2019, as required by section 34-32.5-116(3), C.R.S. <br />5. On October 9, 2019, the Division mailed the Operator a Notice of <br />Violation, number MV -2019-024, for failure to submit the required annual report, map, <br />and fee for 2019. The October 9, 2019 letter also notified the Operator that the Board <br />would hear the matter at its November 13, 2019 meeting. <br />6. The Division holds a performance warranty from the Operator in which the <br />Operator warrants that it will, among other things, comply with all permit conditions, the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 <br />of Title 34, C.R.S. (2019) ("Act"), and Board rules. <br />7. The Division holds a financial warranty for permit number M-2005-023 in <br />the amount of $23,833.72. <br />