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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2019-031 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF KELLY TRUCKING, INC., File No. M-2019-053 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> February 16, 2022 via videoconference to consider the motion of Kelly Trucking, Inc. <br /> ("Operator"), requesting relief from civil penalties assessed for failing to obtain a <br /> reclamation permit prior to engaging in a new operation, file number M-2019-053. Jared <br /> Ebert, Patrick Lennberg, and First Assistant Attorney Jeff Fugate appeared on behalf of <br /> the Division of Reclamation, Mining and Safety ("Division"). Calvin Kelly and Rita <br /> Connerly, Esq. appeared on behalf of Operator. Erik Carlson, Esq. and Dan! Danko <br /> ("Objector")appeared on behalf of Objector. <br /> The Board, having considered the materials and testimony presented and being <br /> fully informed of the facts in the matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Following a hearing at its November 13, 2019 meeting, the Board found <br /> Operator in violation of section 34-32.5-109(1), C.R.S. for failing to obtain a reclamation <br /> permit prior to engaging in a new mining operation. The Board's Order for Violation <br /> Number MV 2019-031, effective January 13, 2020, among other things, assessed civil <br /> penalties in the amount of$34,849.60 with all but$5,000 of the civil penalty and the <br /> $849.60 representing staff time suspended if the Operator complied with the corrective <br /> action in the order. <br /> 2. The sole corrective action in the Board Osier for Violation Number MV- <br /> 2019-031 required Operator to"submit to the Division a permit application to obtain a <br /> 112c reclamation permit and obtain approval of the application within statutory <br /> deadlines." <br /> 3. On April 13, 2020, operator submitted a 112c reclamation permit <br /> application. <br /> 4. The Division denied the permit application on December 28, 2021, <br /> because Applicant had not demonstrated a legal right of entry for the access road to <br /> enter the site. <br /> S. On January 11, 2022, Operator filed a motion requesting that the Board <br /> waive the suspended civil penalties assessed in the Board's Order for Violation Number <br /> MV 2019-031, arguing that the denial of Operator's permit application was beyond its <br /> control due to confusion regarding the access road to the site. <br />