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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2013 -018 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE POSSIBLE VIOLATION OF DIAMOND B <br />ENTERPRISES, LLC, REVOCATION, AND FORFEITURE OF FINANCIAL <br />WARRANTY FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO <br />SUBMIT ANNUAL REPORTS, FILE NO. M- 2000 -047 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on August 14, 2013 in Denver, Colorado to consider a possible violation by Diamond <br />B Enterprises, LLC ( "Operator"), revocation, and forfeiture of financial warranty for <br />failing to pay annual fees and failure to submit annual reports, file number M -2000- <br />047. There were no appearances on behalf of the Operator. Tony Waldron appeared <br />on behalf of the Division of Reclamation, Mining and Safety ( "Division "). <br />The Board, having considered the materials presented and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 9.99 -acre gravel operation. The <br />site, known as the Diamond Rock Pit, is located in Section 4, Township 30 South, <br />Range 67 West, 6th Principal Meridian, in Huerfano County. <br />2. On March 8, 2013, the Division sent the Operator a Notice of Violation, <br />number MV- 2013 -048, assessing a $323.00 civil penalty for failing to submit annual <br />fees and reports for 2011, 2012, and 2013. The Division has not received the <br />required annual fees and reports. <br />3. On July 10, 2013, the Division mailed the Operator a Notice of Violation, <br />number MV- 2013 -018, for failure to submit annual fees and reports for 2011, 2012, <br />and 2013. The July 10, 2013 letter notified the Operator that the Board would hear <br />the matter at its August 2013 meeting. On August 6, 2013, the Division received the <br />July 10, 2013 letter, marked "Return to Sender, Unclaimed, Unable to Forward." <br />4. The Operator failed to submit annual fees and annual reports that were <br />due February 25, 2011, 2012, and 2013, as required by section 34 -32.5- 116(3), C.R.S. <br />5. The Division holds a financial warranty for permit number M -2000- <br />047 in the form of a letter of credit (number 010603A) in the amount of $16,000.00. <br />