2020-09-02_ENFORCEMENT - M1981286

• Permit No: M1981286
• IBM Index Class Name: Enforcement
• Doc Date: 9/2/2020
• Doc Name: Board ‎(MLRB)‎ Order
• From: DRMS
• To: RWT Excavating & Demolition
• Email Name: CMM
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

BEFORE THE MINED LARD RECLAMATION BOARD
STATE OF COLORADO
Notice of Violation No. MV-2020-007
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER
IN THE MATTER OF THE POSSIBLE VIOLATION OF RWT EXCAVATING
AND DEMOLITION, LLC, REVOCATION,AND FORFEITURE OF FINANCIAL
WARRANTY FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO
SUBMIT ANNUAL REPORTS, FILE NO. M-1981-286
THIS MATTER came before the Mined Land Reclamation Board C'Board") on
June 24, 2020 in Denver, Colorado and via videoconference for a hearing to consider
a possible violation by RWT Excavating and Demolition, LLC C'Operator"),
.revocation, and forfeiture of financial warranty for failing to pay annual fees and
failure to submit annual reports, file number M-1981-280. Eric Scott appeared on
behalf of the Division of Reclamation, Mining and Safety C'Division"). There was no
appearance on behalf of Operator.
The Board, having considered the presentation and having been otherwise
fully informed of the facts, hereby enters the following findings of fact, conclusions
of law and order.
FINDINGS CAR FACT
1. Operator holds a 112c reclamation permit for an 87.6-acre aggregate
operation located in Section 1, Township 8 North, Range 01 west, Gth P.M. in weld
County, known as the Thomas Gravel Pit#4.
2. Operator's anniversary date for the permit is March 1.
3. Pursuant to section 34-32.5-110(3), C.R.S., Operator is required to
submit the annual report, map, and fee on March 1 of each year.
4. The Operator failed to submit the annual report, map, and fee that were
due March 1, 2020, as required by section 34-32.5-116(3), C.R.S.
5. On May 1, 2020, the Division mailed the Operator a Notice of Violation,
number 11 V-2020-007, for failure to submit the required annual report, map, and fee
for 2019. The May 1, 2020 letter notified the Operator that the Board would hear the
matter at its June 24, 2020 meeting.
G. The Division received a certified mail return receipt for the Notice of
Violation on May 13, 2020 signed by the Operator.