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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2017-026 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF VIOLATION OF JEANNETTE J. YAKLICH-HOUSTON <br /> AND EDWARD M. YAKLICH, CIVIL PENALTIES, REVOCATION, AND <br /> FINDING THE FINANCIAL WARRANTY TO BE SUBJECT TO FORFEITURE, <br /> File No. M-1989-024 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") in <br /> executive session on July 26, 2017 in Denver, Colorado for a hearing to consider <br /> revocation of permit number M-1989-024, held by Jeannette J. Yaklich-Houston and <br /> Edward M. Yaklich ("Operator"), civil penalties, and finding the financial warranty <br /> to be subject to forfeiture for Operator's failure to submit an annual report, map, and <br /> fee, and violating provisions of the permit. Scottie Tate and Tony Waldron appeared <br /> on behalf of the Division of Reclamation, Mining and Safety ("Division"). There was <br /> no appearance on behalf of Operator. <br /> The Board, having considered the presentation and having been otherwise <br /> fully informed of the facts, hereby enters the following findings of fact, conclusions <br /> of law and order. <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110c reclamation permit for a gravel operation <br /> located in Section 30, Township 22 South, Range 72 West, 6th P.M. in Custer <br /> County, known as the Shangri La Pit. <br /> 2. The Division holds a financial warranty for the site in the total amount <br /> of$5,000. <br /> 3. On May 31, 2016, the Division sent Operator an Annual Fee Invoice and <br /> Report Request for payment of the 2016 annual fee, completed annual report, and <br /> map, all due by the permit anniversary date. <br /> 4. On June 15, 2016, the Division received the 2016 annual fee and annual <br /> report. Operator failed to submit the 2016 annual map. <br /> 5. On December 23, 2016, the Division mailed a Grace Period letter <br /> to Operator. <br />