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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 FOR <br />FAILING TO COMPLY WITH THE CONDITION OF AN ORDER, PERMIT, OR <br />REGULATION, FILE NO. M-1978-208 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 22, 2020 in Denver, Colorado via videoconference to consider a possible <br />violation by Elk Creek Sand and Gravel, LLC ("Operator") for failure to comply with the <br />condition of an order, permit, or regulation and consideration of forfeiture of financial <br />warranty for failure to cure a default under a performance warranty, file number M- <br />1978-208. Eric Scott, Michael Cunningham, and First Assistant Attorney General Jeff <br />Fugate appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). There was no appearance 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 permit for the site known as Shaffers Crossing, located <br />in Section 32, Township 6 South, Range 71 West, 6th Principal Meridian, in Jefferson <br />County. <br />2. This site has been the subject of multiple Board orders in the past <br />regarding a failure to comply with the conditions of the permit. As relevant here, the <br />Board issued an order effective July 26, 2019 (the "July 2019 Order") requiring Operator <br />to submit a complete application to convert the permit from a 110c to a 112c permit <br />within ninety days of the effective date of the July 26, 2019 Order. <br />3. The July 2019 Order also assessed a civil penalty of $4,100, with $1,600 <br />suspended if Operator complied with the Order. <br />4. In June of 2019, Operator failed to submit its annual report, fee, and map, <br />as required. Through an order effective October 25, 2019 (the "October 2019 Order"), <br />the Board revoked the permit due to Operator's failure to submit the required annual <br />report, fee, and map and ordered that the financial warranty was subject to forfeiture. <br />