2006-11-07_ENFORCEMENT - M1978208

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elk creek sand and gravel 803 816 7147 %~ U -~ Dfl6 ~ ~~' 11/07/06 04:38P I ~ f S ~ (~~ ~ W .~i~ Petition for Waiver P.001 RECEIVED env o ~ Enos Division of Reclamation, '~O Mininq and Safety This petition for Waiver is submitted in accordauce with Rule 2.5 of the Mineral Rulcs and Regulations of the Colorado Mined Land Reclamation Board for consideration at the November 15 and 16, 2006 Board meeting. The Petitioner is: Elk Creek Sand and Gravel, L.L.C. Atm.: Juliet Moores P.O. Box 416 Conifer, CO 80454-0416 303-816-4047 t, Elk Creek Sand and Gravel, L.L,C. is a permitee pursuant to the Colorado Mined Land Reclamation Act, but earlier this summer and prior to the previous board meeting in October was leasing the Shaffers Crossing Qwv-ry from Aspeu Enterprises, then the holder of Permit No. M-1978-208. A violation was issued to Aspen Enterprises against Permit No. M-1978-208 for failing to provide the annual report and annual fee due June 16 on each anniversary. Aspea Enterprises at the time was of the belief that the annual report was the responsibility of Ells Creek Sand and Gravel LLC, then the lessee. Elk Creek understood that the annual report was the responsibility of the permitee and•initially declined to provide the report. On July 17, 2006 however, they provided a completed report to the ' Petersons aka/ Aspen Enterprises, a copy of which has already been provided to the Board. Aspen Enterprises was therefore in possession of this report and failed to provide it as required, together,with the annual fee. The Board assessed a fine together with the annual fee in the amount of $562 r~ P~ Elk Creek has since this time became the succeeding operator at Shaffers Crossing. Elk Creek had also provided both a copy of the earlier prepared report, together with the annual fee. By this petition, Elk Creek Sand and Gravel is requesting that the Board reverse its earlier October 2006 decision and reverse the assessed fee of $281. The following reasons are provided supporting a reversal of the Board's February 2006 decision, 1. Elk Creek Sand & Gravel LLC prepared a copy of the annual report in a timely manner and provided same to the Petersans in July 2006, Elk Creek has also paid the annual fee. 2. Elk Creek Sand & Gravel at the time of the infraction was not the permitee and despite same had fulfilled the obligations of the permitee in providing the report. 3. Elk Creek was unable to cornrol the actions of the Petersons aka Aspen Enterprises in when they elected to submit the required report. 4, Elk Creek has assumed the succession of operator together with all attendant responsibilities and duties and as part of this, is aware that as part of succession of operator the inheritant may also secede any violations incurred by the preceding operator. Apparently, so was Aspen Thank you feiFvouf consideration in this matter. Gravel, L,L.C.