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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE REINSTATEMENT OF PERMIT NO. M-2002-109 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on December 12, 2018 in Denver, Colorado to consider the request for reinstatement <br />by A. Blasi & Son Trucking & Earthmoving, Inc. ("Operator"), file number M-2002- <br />109. Anthony Blasi appeared on behalf of the Operator. Eric Scott appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations, materials <br />presented, and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator held a 110c permit for a 6.4 -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. At its meeting on August 22, 2018, the Board found the Operator in <br />violation of section 34-32.5-116(3)(a), C.R.S. for failure to submit required annual <br />fees and annual reports for 2017. The Board ordered permit number M-2002-109 <br />revoked and the financial warranty for such permit forfeited. The Board issued an <br />order with these terms, effective October 11, 2018. <br />4. On October 19, 2018, the Operator paid the outstanding annual fees for <br />2017 and civil penalties and submitted the required report. On November 13, 2018, <br />the Division received a written request from the Operator to reinstate permit number <br />M-2002-109. <br />5. The Division does not oppose reinstating permit number M-2002-109. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2018) ("Act"). <br />7. Under section 34-32.5-124(6)(b), C.R.S., after the Board revokes an <br />operator's permit, the operator may continue mining operations to bring it into <br />