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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. PV-2020-002 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY ELK CREEK SAND 8z <br />GRAVEL, PERMIT REVOCATION, AND FORFEITURE OF FINANCIAL <br />WARRANTY FOR, FAILURE TO PAY ANNUAL FEES AND FILE ANNUAL <br />REPORT AND A MAP, File No. P-2019-005 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") in <br />executive session on September 23, 2020 via videoconference for a hearing to <br />consider a possible violation by Elk Creek Sand & Gravel ("Prospector"), permit <br />revocation and forfeiture of financial warranty for failing to pay annual fees and file <br />annual report and a map, file P-2019-005. Eric Scott appeared on behalf of the <br />Division of Reclamation, Mining and Safety (Division"). There was no appearance <br />on behalf of Prospector. <br />The Board, having considered the materials submitted and the presentation <br />and having been otherwise fully informed of the facts, hereby enters the following <br />findings of fact, conclusions of law and order. <br />FINDINGS OF FACT <br />L Prospector holds Notice of Intent to Conduct Exploration P-2019-005 <br />CNOI"). The NOI contemplates two exploratory boring locations for crushed stone. <br />The .1-acre site is located in Section 32, Township 6 South, Range 71 West, 6th <br />Principal Meridian, in Jefferson County. <br />2, The NOI was issued on May 29, 2019. <br />3. The Division holds a financial warranty for the permit in the amount <br />of $2,000. <br />4. Prospector's annual report, map, and fee were due on May 29, 2020. <br />5. Prospector failed to pay the annual fee or submit the annual report and <br />map by May 29, 2020 or at any time since. <br />6. On August 6, 2020, the Division mailed a Notice of a Reason to Believe <br />a Violation Exists letter to Prospector, informing Prospector of the possible <br />CONFIDENTIAL -- NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br />