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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. 2020-001 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY OF <br />DWAYNE HALL, File No. M-2014-016 <br />THIS MATTER came before the Mined Land Reclamation Board (`Board") on <br />December 16, 2020 via videoconference for a hearing to consider forfeiture of the <br />financial warranty for Dwayne Hall ("Operator"), file number M-2014-016. There <br />were no appearances on behalf of the Operator. Dustin Czapla appeared on behalf <br />of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the presentation, testimony, and materials <br />presented and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(2) permit for a 9.9 -acre surface and <br />gemstone mining operation. The site, known as the Blue Rose, is located in Section <br />20, Township 51 North, Range 7 East, 10th Principal Meridian, in Chaffee County. <br />2. Operator's annual report, map, and fee were due on September 30, <br />2019. The Division never received a submittal by Operator. <br />3. Operator failed to submit the annual report, fee, and map for 2019, as <br />required by sections 34-32-116(3) and (4), C.R.S. <br />4. The Division holds a performance warranty from Operator in which <br />Operator warrants that he will, among other things, comply with all permit <br />conditions and the Act. <br />5. The Division holds a financial warranty for the permit in the amount <br />of $4,600. <br />6. On October 31, 2019, the Division mailed the Operator a Reason to <br />Believe a Violation Exists letter stating alleged violations for failure to submit the <br />required annual report, map, and fee. The October 31, 2019 letter notified the <br />Operator that the Board would hear the matter at its January 22, 2020 meeting. <br />7. Through an order effective March 5, 2020, the Board ordered <br />Operator's permit M-2014-016 revoked and found that Operator's failure to cure a <br />