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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2020-007 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY <br />OF RWT EXCAVATING AND DEMOLITION, LLC, File No. M-1981-286 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />October 21, 2020 via videoconference for a hearing to consider forfeiture of the <br />financial warranty for RWT Excavating and Demolition, LLC ("Operator"), file <br />number M-1981-286. Eric Scott appeared on behalf of the Division of Reclamation, <br />Mining and Safety {"Division"). There was no appearance on behalf of Operator. <br />The Board, having considered the presentation, testimony, and having been <br />otherwise fully informed of the facts, hereby enters the following findings of fact, <br />conclusions of law and order. <br />FINDINGS OF FACT <br />1. Operator holds a 112c reclamation permit for an 87.6 -acre aggregate <br />operation located in Section 1, Township 8 North, Range 61 West, 6th P.M. in Weld <br />County, known as the Thomas Gravel Pit #4. <br />2. Operator's anniversary date for the permit is March 1. <br />3. Pursuant to section 34-32.5-116(3), C.R.S., Operator is required to <br />submit the annual report, map, and fee on March 1 of each year. <br />4. The Operator failed to submit the annual report, map, and fee that were <br />due March 1, 2020, as required by section 34-32.5-116(3), C.R.S. <br />5. On May 1, 2020, the Division mailed the Operator a Notice of Violation, <br />number MV -2020-007, for failure to submit the required annual report, map, and fee <br />for 2019. The May 1, 2020 letter notified the Operator that the Board would hear the <br />matter at its June 24, 2020 meeting. <br />6. The Division holds a financial warranty for permit number M-1981- <br />286 in in the amount of $25,000.00. <br />