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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 REINSTATEMENT OF PERMIT NO. M-1978-208 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on January 23, 2019 in Denver, Colorado as a consent agenda matter to consider <br />the request for permit reinstatement and consent conditions for reinstatement <br />between the Division of Reclamation, Mining and Safety ("Division") and Elk <br />Creek Sand and Gravel, LLC ("Operator"), file number M-1978-208. <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. By an order effective December 17, 2018, the Board revoked Operator's <br />permit for the site known as Schaffers Crossing, located in Section 32, Township 6 <br />South, Range 71 West, 6th Principal Meridian, in Jefferson County. The December <br />17, 2018 revoked the permit due to Operator's failure to submit annual report, fee, <br />and map as required. <br />2. Operator has submitted the required report, fee, map, and civil penalty <br />affirmed in the Board's December 17, 2018 order. <br />3. Operator has requested reinstatement of the permit, M-1978-208. <br />4. The Division has recommended that the permit be reinstated provided <br />Operator complies with specific corrective actions within 90 days of the effective <br />date of this order reinstating the permit. <br />5. On January 16, 2019, Operator executed a consent agreeing to comply <br />with the corrective action conditions requested by the Division. <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 />