2019-10-25_ENFORCEMENT - M1978208

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV-2019-022 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE POSSIBLE N710LATION OF ELK CREEK SAND AND GRAVEL, LLC, REVOCATION, AND FORFEITURE OF FINANCIAL WARRANTY FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT ANNUAL REPORTS, FILE NO. M-1978-208 THIS MATTER came before the Mined Land Reclamation Board ("Board") on September 25, 2019 in Denver, Colorado to consider a possible violation by Elk Creek Sand and Gravel, LLC ("Operator"), revocation, and forfeiture of financial warranty for failing to pay annual fees and failure to submit annual reports, file number M-1978-208. There were no appearances on behalf of the Operator. Eric Scott appeared on behalf of the Division. of Reclamation, Mining and Safety ("Division"). The Board, having considered the materials presented and having been otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110c permit for a 9.9-acre aggregate operation. The site, known as Schaffers Crossing, is located in Section 32, Township 6 South, Range 71 West, 6th Principal Meridian, in Jefferson County. 2. Operator's anniversary date for the permit is June 16. 3. Pursuant to section 34-32.5-116(3), C.R.S., Operator is required to submit annual fees, maps, and reports on June 16 of each year. 4. The Operator failed to submit annual fees and annual reports that were due June 16, 2019, as required by section 34-32.5-116(3), C.R.S. 5. On August 16, 2019, the Division mailed the Operator a Notice of Violation, number MV-2019-022, for failure to submit annual fees, maps, and reports for 2019. The August 16, 2019 letter notified the Operator that the Board would hear the matter at its September 25, 2019 meeting. 6. The Division holds a financial warranty for permit number M-1978- 208 in in the amount of$10,400.00. The financial warranty is adequate. i i