Laserfiche WebLink
1000LORADO <br /> .d Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> May 2, 2023 <br /> Nick Hines <br /> OWL SWD Operating, LLC <br /> 8201 Preston Rd <br /> Suite 520 <br /> Dallas, TX 75225 <br /> RE: NOTICE OF VIOLATION NO. MV-2023-005 <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> White River Pit(Permit No.M-2008-070) <br /> Dear Mr. Hines: <br /> Pursuant to C.R.S. 34-32.5-116(3)(a) and(b)and Permit No. M-2008-070 require you to submit to the <br /> Division of Reclamation,Mining and Safety(the"Division")an annual fee, map and report,due on or <br /> before February 24 of each year. The annual fee required for your permit is $791.00. As of the date <br /> of this letter the Division has not received your submittal. <br /> Therefore, you are in violation of the Colorado Land Reclamation Act for the Extraction of <br /> Construction Materials, C.R.S. § 34-32.5-101 et seq., and the provisions of your Permit No. <br /> M-2008-070. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses <br /> Notice of Violation MV-2023-005, Civil Penalties in the amount of$791.00, and an Order to Cease <br /> and Desist from all mining related activities associated with Permit No. M-2008-070. <br /> A Formal Public Hearing before the Mined Land Reclamation Board(MLRB)will be held during the <br /> June 21-22, 2023 Board Meeting for consideration of this possible violation. The hearing will be held <br /> at 1313 Sherman Street, Room 318, Denver, Colorado,beginning at 9:00 a.m. on June 21, 2023 or as <br /> soon thereafter as the matter can be considered. <br /> In order to be considered at the hearing,all exhibits,materials and witness testimony you wish for the <br /> Board to consider must be submitted by 5:00 PM on June 9, 2023 via email to the MLRB <br /> Administrator. You must also provide a list of all witnesses, if any, to the MLRB Administrator, <br /> Camille M. Mojar at: dnr drms_mlrb-submittalskstate.co.us,no later than 5:00 PM,June 9,2023. <br /> If you have good cause not to appear in person you must submit a request to the Board to appear <br /> virtually (via ZOOM). To do so, please submit an email to the Board Administrator, no later than 5: <br /> 00 PM on June 9, 2023 for Board consideration. If approved you will receive an authorization code to <br /> attend the meeting for this matter. Please note that only Parties and those who will be testifying <br /> OF.COl0 <br /> Physical: 1313 Sherman Street,Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 <br /> Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov ' Oj <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> 1876 <br /> 1` <br />