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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2018-039 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE POSSIBLE VIOLATION OF ELK CREEK SAND AND <br />GRAVEL, LLC, REVOCATION, AND FORFEITURE OF FINANCIAL WARRANTY <br />FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT ANNUAL <br />REPORTS, FILE NO. M-1978-208 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on November 14, 2018 in Denver, Colorado to consider a possible violation by Elk <br />Creek Sand and Gravel, LLC ("Operator"), revocation, and forfeiture of financial <br />warranty for failing to pay annual fees and failure to submit annual reports, file <br />number M-1978-208. There were no appearances on behalf of the Operator. Eric <br />Scott appeared on behalf of the Division of Reclamation, Mining and Safety <br />("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 9.9 -acre aggregate operation. <br />The site, known as Schaffers Crossing, is located in Section 32, Township 6 South, <br />Range 71 West, 6th Principal Meridian, in Jefferson County. <br />2. Operator's anniversary date for the permit is June 16. <br />3. Pursuant to section 34-32.5-116(3), C.R.S., Operator is required to <br />submit annual fees, maps, and reports on June 16 of each year. <br />4. The Operator failed to submit annual fees and annual reports that were <br />due June 16, 2018, as required by section 34-32.5-116(3), C.R.S. <br />5. On October 11, 2018, the Division mailed the Operator a Notice of <br />Violation, number MV -2018-039, for failure to submit annual fees, maps, and reports <br />for 2018. The October 11, 2018 letter notified the Operator that the Board would hear <br />the matter at its November 2018 meeting. <br />6. The Division holds a financial warranty for permit number M-1978- <br />208 in in the amount of $10,400.00. The financial warranty is adequate. <br />