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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 REINSTATEMENT OF THE PERMIT NO. M-1999-047 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 12, 2018 in Denver, Colorado for a hearing to consider the request for <br />reinstatement by Dry Creek Gulch Farms, LLC ("Operator"). Eric Scott appeared <br />on behalf of the Division of Reclamation, Mining and Safety ("Division"). Shane <br />Galles appeared 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. The Operator holds a 110c permit for a 9.9 -acre aggregate operation. <br />The site is located in Section 28, Township 2N, Range 48W, Sixth Principal Meridian, <br />in Yuma County, Colorado. <br />2. At its meeting on September 26, 2018, the Board found the Operator in <br />violation of section 34-32.5-116(3), C.R.S. for failure to submit required annual fees <br />and annual reports for 2018. The Board ordered permit number M-1999-047 revoked <br />and the financial warranty for such permit forfeited. The Board issued an order with <br />these terms, effective October 26, 2018. <br />4. On November 26, 2018, the Operator paid the outstanding annual fees <br />for 2018 and civil penalties and submitted the required report. On November 26, <br />2018, the Division received a written request from the Operator to reinstate permit <br />number M-1999-047. <br />5. The Division does not oppose reinstating permit number M-1999-047 for <br />the purpose of allowing the Operator to complete reclamation of the site. <br />CONCLUSIONS OF LAW <br />4. 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). <br />