Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2013 -017 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE POSSIBLE VIOLATION OF A. BLASI & SON <br />TRUCKING & EARTHMOFORGFAILING O PAY ANNUAL FEES AND E OF <br />FINANCIAL WARRANTY <br />FAILURE TO SUBMIT ANNUAL REPORTS, FILE NO. M -2002 -109 <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 A. Blasi <br />& Son Trucking & Earthmoving, Inc. ( "Operator "), revocation, and forfeiture of <br />financial warranty for failing to pay annual fees and failure to submit annual <br />reports, file number M- 2002 -109. There were no appearances on behalf of the <br />Operator. Tony Waldron appeared on behalf of the Division of Reclamation, <br />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 9.97 -acre construction material <br />operation. The site, known as the Cucharas Pit, is located in Section 26, Township <br />26 South, Range 65 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 2012 and 2013. The Division has not received the required <br />annual fees and reports. <br />3. On July 10, 2013, the Division mailed the Operator a Notice of Violation, <br />number MV- 2013 -017, for failure to submit annual fees and reports for 2012 and 2013. <br />The July 10, 2013 letter notified the Operator that the Board would hear the matter at <br />its August 2013 meeting. On August 5, 2013, the Division received the July 10, 2013 <br />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 January 24, 2012 and 2013, as required by section 34 -32.5- 116(3), C.R.S. <br />