2020-11-10_ENFORCEMENT - M2014016

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. 2020-001 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE POSSIBLE VIOLATION OF DWAYNE HALL, CEASE AND DESIST ORDER, CIVIL PENALTY, AND PERMIT REVOCATION FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT ANNUAL REPORTS, File No. M-2014-016 THIS MATTER came before the Mined Land Reclamation Board ("Board") on January 22, 2020 in Denver, Colorado to consider a possible violation by Dwayne Hall ("Operator"), cease and desist order, civil penalty, and permit revocation for failing to pay annual fees and failure to submit annual reports, file number M-2014- 016. There were no appearances on behalf of the Operator. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). The Board, having considered the materials presented and having been otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110(2)permit for a 9.9-acre surface and gemstone mining operation. The site, known as the Blue Rose, is located in Section 20, Township 51 North, Range 7 East, 10th Principal Meridian, in Chaffee County. 2. Operator's annual report, map, and fee were due on September 30, 2019. The Division never received a submittal by Operator. 3. On October 31, 2019, the Division mailed the Operator a Reason to Believe a Violation Exists letter stating alleged violations for failure to submit the required annual report, map, and fee. The letter also provided details regarding a hearing on this matter scheduled for January 22, 2020. 4. Operator failed to submit the annual report, fee, and map for 2019, as required by sections 34-32-116(3) and (4), C.R.S. 5. The Division holds a performance warranty from Operator in which Operator warrants that he will, among other things, comply with all permit conditions and the Act.