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5. At the hearing, the Operator, through counsel, stated that it was <br /> implementing a compliance program to ensure that future annual reports were <br /> submitted on time. The Operator also indicated that it was in the process of <br /> working to comply with corrective actions from a previous Board order that required <br /> Operator to submit a permit conversion application. <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. (2019) ("Act"). <br /> 7. Operators are required to submit annual reports and maps, and pay <br /> annual fees for each year of operation. § 34-32.5-116(3), C.R.S. (2019). <br /> 8. Pursuant to section 34-32.5-124(6)(b), C.R.S., once a permit has been <br /> revoked by the Board, an operator may continue mining operations only for the <br /> purpose of bringing the operation into compliance with the provisions of the <br /> permit. Once the operation has satisfied the Board that it is in compliance, the <br /> permit shall be reinstated. 34-32.5-124(6)(b), C.R.S. (2019). By submitting the <br /> required annual report, fee, and map for 2019, Operator is now in compliance <br /> with section 34-32.5-116(3), C.R.S. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby reinstates permit number M-1978-208 with the following conditions and <br /> requirements: <br /> 1. All prior corrective actions, civil penalties, and cease and desist orders <br /> from the Board's previous orders, including the Order effective July 26, <br /> 2019 and the October 2019 Order, are and remain in full effect. <br /> 2. Operator shall, within 90 days of the December 11, 2019 Board meeting, <br /> submit a complete 110c to 112c conversion application to the Division to, <br /> at minimum, expand the permit area sufficiently to allow the highwall to <br /> be modified to conform to the existing permit requirements as outlined in <br /> the July 2019 Order. <br /> DONE AND ORDERED this 27th day of January, 2020. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Elk Creek Sand and Gravel, LLC <br /> M-1978-208 <br /> MV-2019-022 2 <br />