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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-020 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY WHITE WOLF <br /> CONSTRUCTION & LANDSCAPING, LLC, PERMIT REVOCATION, FINDING <br /> THE FINANCIAL WARRANTY TO BE SUBJECT TO FORFEITURE, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL PENALTIES FOR <br /> FAILING TO MAINTAIN FINANCIAL WARRANTY, File No. M-2018-029 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> October 16, 2024, to consider a possible violation by White Wolf Construction & <br /> Landscaping, LLC ("Operator"), permit revocation, finding the financial warranty to <br /> be subject to forfeiture, cease and desist order, corrective action, and civil penalties <br /> for failing to maintain financial warranty, file No. M-2018-029. Amber Gibson <br /> appeared on behalf of the Division of Reclamation, Mining, and Safety ("Division"). <br /> There was no appearance on behalf of the Operator. <br /> The Board, having considered the presentations, materials presented, and <br /> having been otherwise fully informed of the facts in the matter, enters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 111(1)(b) permit for a .41-acre borrow operation <br /> located in Section 31, Township 33 South, Range 65 West, 6th Principal Meridian, <br /> in Las Animas County, Colorado, permit number M-2018-029. The site is known as <br /> the White Wolf Construction Borrow Pit. <br /> 2. On April 2, 2024, the Division sent the Operator's financial institution <br /> a verification request letter to confirm the funds for the financial warranty for the <br /> permit. <br /> 3. On May 16, 2024, the Division sent the Operator's financial institution <br /> a second verification request letter to confirm the funds for the financial warranty <br /> for the permit. <br /> 4. On June 25, 2024, the Division sent the Operator's financial institution <br /> a third verification request letter to confirm the funds for the financial warranty for <br /> the permit. <br /> 5. The Operator's financial institution failed to provide the verification <br /> requested by Division's three letters. <br />