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2023-09-01_ENFORCEMENT - M2000089
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2023-09-01_ENFORCEMENT - M2000089
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Last modified
9/5/2023 8:38:55 PM
Creation date
9/5/2023 7:27:35 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2000089
IBM Index Class Name
Enforcement
Doc Date
9/1/2023
Doc Name
Returned Mail
From
DRMS
To
Mary Vasquez
Violation No.
MV2023003
Email Name
CMM
JPL
JLE
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2023-003 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY MARY VASQUEZ, <br /> CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, CIVIL PENALTIES, <br /> PERMIT REVOCATION, AND FINDING THAT THE FINANCIAL <br /> WARRANTY IS SUBJECT TO FORFEITURE FOR FAILURE TO COMPLY <br /> WITH THE CONDITIONS A BOARD ORDER, PERMIT, OR REGULATION <br /> AND FOR FAILURE TO SUBMIT REQUIRED ANNUAL REPORT, MAP, AND <br /> FEE, File No. M-2000-089 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on June 21, 2023, via videoconference for a hearing to consider forfeiture of the <br /> financial warranty for Mary Vasquez ("Operator"), file number M-2000-089. <br /> Patrick Lennberg appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). There was no appearance on behalf of Operator. <br /> The Board, having considered the presentation, materials submitted, and <br /> having been otherwise fully informed of the facts in the matter, hereby enters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110(c) reclamation permit for a 9.7-acre sandstone <br /> mining operation located in Section 5, Township 3 North, Range 70 West, 6th <br /> Principal Meridian, Boulder County. The site is known as the Perdue Pit. <br /> 2. Following a hearing at its October 19, 2022 Board meeting, the Board <br /> found Operator in violation for failure to submit the required additional financial <br /> warranty (MV-2022-018). The Board's Order, effective December 16, 2022, (the <br /> "December 2022 Order") required Operator to submit the additional financial <br /> warranty within 30 days of the effective date of the December 2022 Order and <br /> assessed $22,000 in civil penalties, with all but $500 suspended if Operator <br /> complied with the Order's corrective actions. <br /> 3. Operator's annual report, map, and fee were due on October 5, 2022. <br /> The Division never received a submittal by Operator. <br /> Mary Vasquez <br /> M-2000-089/ Perdue Pit <br /> MV-2023-003 1 <br />
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