2020-06-19_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 VIOLATION OF ELK CREEK SAND AND GRAVEL, LLC, REVOCATION, AND FORFEITURE OF FINANCIAL WARRANTY FOR FAILING TO COMPLY WITH THE CONDITION OF AN ORDER, PERMIT, OR REGULATION, FILE NO. M-1978-208 THIS MATTER came before the Mined Land Reclamation Board ("Board")on April 22, 2020 in Denver, Colorado via videoconference to consider a possible violation by Elk Creek Sand and Gravel, LLC ("Operator")for failure to comply with the ,condition of an order, permit, or regulation and consideration of forfeiture of financial warranty for failure to cure a default under a performance warranty, file number M- 1978-208. Eric Scott, Michael Cunningham, and First Assistant Attorney General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). There was no appearance on behalf of Operator. 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. Operator holds a permit for the site known as Shaffers Crossing, located in Section 32, Township 6 South, Range 71 West, 6th Principal Meridian, in Jefferson County. 2. This site has been the subject of multiple Board orders in the past regarding a failure to comply with the conditions of the permit. As relevant here, the Board issued an order effective July 26, 2019 (the "July 2019 Order") requiring Operator to submit a complete application to convert the permit from a 110c to a 112c permit within ninety days of the effective date of the July 26, 2019 Order. 3. The July 2019 Order also assessed a civil penalty of$4,100, with $1,600 suspended if Operator complied with the Order. 4. In June of 2019, Operator failed to submit its annual report, fee, and map, as required. Through an order effective October 25, 2019 (the "October 2019 Order"), the Board revoked the permit due to Operator's failure to submit the required annual report, fee, and map and ordered that the financial warranty was subject to forfeiture.