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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2019-015 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY ELK CREEK SAND AND <br /> GRAVEL, LLC, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br /> CIVIL PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A <br /> BOARD ORDER, PERMIT, OR REGULATION, File No. M-1978-208 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on January 23, 2019 in Denver, Colorado to consider the possible violation by Elk <br /> Creek Sand and Gravel, LLC ("Operator"), cease and desist order, corrective <br /> actions, and civil penalties for failing to comply with the conditions of a Board <br /> order, permit, or regulation, file number M-1978-208. Eric Scott, Michael <br /> Cunningham, and First Assistant Attorney General Jeff Fugate appeared on <br /> behalf of the Division of Reclamation, Mining and Safety ("Division"). Juliet <br /> Moores appeared on behalf of Operator. <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. Operator holds a 110c permit for a 9.9-acre aggregate operation. The <br /> site, known as Shaffers Crossing, is located in Section 32, Township 6 South, Range <br /> 71 West, 6th Principal Meridian, in Jefferson County. <br /> 2. In 2007, the Division approved Operator's technical revision TR03 <br /> with three permit stipulations, including that "the quarry must be configured with <br /> 12 foot benches by 35 foot highwalls, with zones of weathered rock laid back to 1:1 <br /> 3. By an order effective December 17, 2018, the Board revoked Operator's <br /> permit for the site due to Operator's failure to submit annual report, fee, and map <br /> as required. <br /> 4. Following revocation of the permit, Operator requested reinstatement <br /> of the permit, which Division agreed to subject to specific requirements. <br /> 5. Through an order dated February 1, 2019 and mailed February 6, 2019 <br /> (the "February 2019 Order"), the Board reinstated the permit with the following <br /> conditions and requirements: <br />