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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 THE REQUEST BY WHITE WOLF CONSTRUCTION & <br /> LANDSCAPING, LLC, FOR PERMIT REINSTATEMENT, File No. M-2018-029 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 11, 2024, as a consent agenda item to consider the request for <br /> reinstatement of permit and waiver of civil penalties by White Wolf Construction & <br /> Landscaping, LLC ("Operator"), file No. M-2018-029. Amber Gibson appeared on <br /> behalf of the Division of Reclamation, Mining, and Safety ("Division"). There was <br /> 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. At the Board's October 16, 2024 hearing, the Board found Operator in <br /> violation of section 34-32.5-117(6)(a), C.R.S., for failure to maintain a financial <br /> warranty in good standing for the entire life of a permit. The Board revoked the <br /> permit and ordered the following corrective action: "the Operator shall, within 30 <br /> days of the effective date of this Order, submit verification of the financial <br /> warranty." The Board also assessed civil penalties of$4,300, with all but $500 <br /> suspended if the Operator timely complied with the corrective action. <br /> 3. Through a letter received by the Division on October 30, 2024, the <br /> Operator requested reinstatement of the permit and waiver of the entire civil <br /> penalties assessed by the Board. <br /> 4. Through a letter dated November 5, 2024, the Division informed the <br /> Operator that it had determined that the Operator had complied with the Board's <br />