2022-03-28_ENFORCEMENT - M2004045

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV 2021-010 FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF THE FORFEITURE OF FINANCIAL WARRANTY OF KEVIN AMES AND RIO GRANDE RANCH, LLC, File No. M-2004-045 THIS MATTER came before the Mined Land Reclamation Board ("Board")on February 16, 2022, via videoconference for a hearing to consider the forfeiture of financial warranty of Kevin Ames and Rio Grande Ranch, LLC ("Operator"),file number M-2004-045. Lucas West appeared on behalf of the Division of Reclamation, Mining and Safety("Division"). There was no appearance on behalf of Operator. The Board, having considered the presentation, materials submitted, and having been otherwise fully informed of the facts, hereby enters the following findings of fact, conclusions of law and order. FINDINGS OF FACT 1. Operator holds a 110(c)permit for a 9.89-acre sand and gravel mining operation located in Section 29, Township 40 North, Range 4 East, 1 Oth Principal Meridian in Rio Grande County, Colorado, permit number M-2004-45. The site is known as the Hanna Pit No. 1. 2. Operator's anniversary date for the permit is March 28. 3. Pursuant to section 34-32.5-116(3), C.R.S., Operator is required to submit the annual report, map,and fee on March 28 of each year. 4. The Division received a letter from River Island Ranch Property Owners Association, LLC, the landowner of the site, on June 2, 2020 stating that it had no valid connection to the permit and that it wanted"to be dismissed of the annual reporting." 5. The Operator failed to submit the annual report, map, and fee that were due March 28, 2021, as required by section 34-32.5-116(3), C.R.S. 6. On June 28, 2021,the Division mailed the Operator a Notice of Violation, number MV-2021-010,for failure to submit the required annual report, map, and fee for 2021. The June 28, 2021 letter notified the Operator that the Board would hear the matter at its August 18, 2021 meeting.