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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2022-013 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE POSSIBLE VIOLATION OF Eddie Clayton, <br /> REVOCATION, AND FORFEITURE OF FINANCIAL WARRANTY FOR <br /> FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT ANNUAL <br /> REPORTS, FILE NO. M-1999-022 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> November 16, 2022 in Denver, Colorado and via videoconference for a hearing to <br /> consider a possible violation by Eddie Clayton ("Operator"), revocation, and <br /> forfeiture of financial warranty for failing to pay annual fees and failure to submit <br /> annual reports, file number M-1999-022. Clayton Wein appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). There was no appearance <br /> on behalf of Operator. <br /> The Board, having considered the presentation and having been otherwise <br /> fully informed of the facts, hereby enters the following findings of fact, conclusions <br /> of law and order. <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110c reclamation permit:for a 3.9-acre sand and <br /> gravel operation located in Sections 1, 2, 6, 23, and 25, Townships 2 and 3 North, <br /> Range 47 West, 6th P.M. in Saguache County, known as Clayton Sand and Gravel. <br /> 2. Operator's anniversary date for the permit is July 19. <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 July 19 of each year. <br /> 4. The Operator failed to submit the annual report, map, and fee that were <br /> due July 19, 2022, as required by section 34-32.5-116(3), C.R.S. <br /> 5. On October 3, 2022, the Division mailed the Operator a Notice of <br /> Violation, number MV-2022-013, for failure to submit the required annual report, <br /> map, and fee for 2022. The October 3, 2022 letter notified the Operator that the Board <br /> would hear the matter at its November 16, 2022 meeting. <br /> 6. The Division holds a financial warranty for permit number M-1999- <br /> 022 in in the amount of$7,900.00. The warranty is currently adequate. <br />