Laserfiche WebLink
~,.~ ~2p(~CQO`v°l ~~rom' r-~~p~(b ~ RECEIVED <br />JAN 1' 6 2007-~- <br />Division of Reclamation, <br />BEFORE THE MINED LAND RECLAMATION BOARD Mining and Safety <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE REQUEST FOR WAIVER OF CIVIL PENALTIES, <br />SANBORN SAND AND GRAVEL, FILE NUMBER M-1984-094 '~ <br />2. <br />3. <br />TH1S MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />December 13, 2006 in Denver, Colorado for a hearing to consider the request of Sanborn <br />Sand and Gravel ("Operator") for an order waiving civil penalties assessed against it. The <br />file number in this matter is M-1984-094. <br />The Board, having considered the information presented and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator operates a sand and gravel pit pursuant to a Section 112c Reclamation Permit <br />fora 30.5-acre site located in Section 32, Township 9 South, Range 77 West, 6`h Principal <br />Meridian, Park County, Colorado. The location is referred to as the Gloria Z Mine. <br />Under the Colorado Land Reclamation Act for the Extraction of Construction Materials <br />Section 34-32.5-101 et seq., C.R.S. (2006) ("Act") and its associated Construction Materials <br />Rules, an operator is required to submit an annual report and an annual fee on or before the <br />anniversary ofthe date the permit was issued. Section 34-32.5-116(3}; Construction <br />Materials Rule 1.5. The Board may assess civil penalties against an operator who fails to <br />abide by the Act and its regulations, including failure to submit the annual report and fee. <br />Section 34-32.5-124(7). <br />The Operator failed to submit an annual report to the Division of Reclamation, Minerals and <br />Safety ("Division") in a timely manner. The Division issued violation MV-2006-059 on <br />Sanborn WCP <br />