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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2019-022 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF THE POSSIBLE VIOLATION OF ELK CREEK SAND AND <br /> GRAVEL, LLC, REVOCATION, AND FORFEITURE OF FINANCIAL WARRANTY <br /> FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT ANNUAL <br /> REPORTS, FILE NO. M-1978-208 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on December 11, 2019 in Denver, Colorado to consider the forfeiture of financial <br /> warranty of Elk Creek Sand and Gravel, LLC ("Operator") for failing to pay <br /> annual fees and failure to submit annual reports, file number M-1978-208. Eric <br /> Scott, Michael Cunningham, and First Assistant Attorney General Jeff Fugate <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> Juliet Moores and Gary Tucker, Esq. 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. By an order effective October 25, 2019 (the "October 2019 Order"), the <br /> Board revoked Operator's permit for the site known as Schaffers Crossing, located <br /> in Section 32, Township 6 South, Range 71 West, 6th Principal Meridian, in <br /> Jefferson County. The October 2019 Order revoked the permit due to Operator's <br /> failure to submit the required annual report, fee, and map and ordered that the <br /> financial warranty was subject to forfeiture. <br /> 2. Through a letter dated October 25, 2019, the Division informed <br /> Operator and all financial warrantors that the financial warranty was subject to <br /> forfeiture and that a hearing would be held at the Board's December 2019 meeting. <br /> 3. At the December 11, 2019 Board meeting, the Division presented <br /> testimony regarding Operator's history of violations, including a previous revocation <br /> for failure to submit required annual report, fee, and map. Operator had, however, <br /> submitted the required annual report on December 10, 2019, which was due on <br /> June 16. <br /> 4. At the hearing, the Operator requested reinstatement of the permit, <br /> M-1978-208, because it had submitted the required annual report, fee, and map. <br /> Elk Creek Sand and Gravel,LLC <br /> M-1978-208 <br /> MV-2019-022 1 <br />