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~~' ~L~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO t i <br />FINDINGS OF FACT, <br />IN THE MATTER OF <br />OF A PRIOR BOARD ORDER <br />CONCERNING ASPEN ENTERPRISES' NOTICE OF VIOLATION, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTION AND CNIL PENALTIES FOR FAILURE TO <br />PROTECT AREAS OUTSIDE THE AFFECTED LANDS FROM SLIDES OR DAMAGE <br />DURING MINING OR RECLAMATION, FILE NUMBER M-1978-208 1/ <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />September 13, 2006 in Denver, Colorado for a hearing to consider a revision to a prior <br />Board order concerning a violation, cease and desist order, corrective actions and civil <br />penalties for failing to protect azeas outside the affected lands from slides or damage during <br />mining or reclamation. The file number in this matter is M-1978-208. Juliet A. Moores and <br />Amanda Cruser, Esq. appeazed on behalf of Elk Creek Sand & Gravel, LLC ("Elk Creek"). <br />Elk Creek is the mining operator on the site and the potential successor to the permittee, <br />Aspen Enterprises. Allen Sorenson and Cheryl Linden, Esq. appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division"). There were no appeazances on <br />behalf of Aspen Enterprises. <br />The Boazd, having considered the parties' presentations 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 />Aspen Enterprises is the permittee on an approved Section 110 Limited Impact <br />Reclamation Permit fora 6.663-acre aggregate quarry known as Shaffer's Crossing. The <br />site is located in Section 32, Township 6 South, Range 71 West, 6`h P.M., Jefferson <br />County, Colorado. <br />OF LAW AND ORDER <br />~T 2 0 2066 <br />Division of Reclamation, <br />Mining and Safety <br /> <br />Aspen Enterprises/Elk Creek Revised Order <br />September 13, 2006 <br />