2006-04-06_ENFORCEMENT - M1978208 (7)

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~~/ U / v 4 BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OF ASPEN ENTERPRISES' POSSIBLE NOTICE OF VIOLATION, CEASE AND DESIST ORDER, CORRECTNE ACTION AND CNIL PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE THE AF.F~CTED LANDS FROM SLIDES OR DAMAGE DURING MINING OR RECLAMATION, FILE NUMBER M-1978-208 THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on February 16, 2006, in Denver, Colorado for a hearing to consider a possible notice of violation, cease and desist order, corrective actions and civil penalties for failing to protect areas outside the affected lands from slides or damage during mining or reclamation. The file number in this matter is M-1978-208. Bill Peterson, Brandee Caswell and Paul Gesso appeared on behalf of Aspen Enterprises ("Operator"). Harry Posey appeared on behalf of the Division of Minerals and Geology ("Division"). The Boazd, having considered the parties' presentations and having been otherwise fully informed of the facts in this matter, hereby enters the following findings of fact, conclusions of law and order: The Operator currently possesses an approved Section 110 Limited Impact Reclamation Permit fora 6.663-acre aggregate quarry known as Shaffer's Crossing. The site is located in Section 32, Township 6 South, Range 71 West, 6`h P.M., Jefferson County, Colorado. 2. On October 25, 2005, the Division inspected the site. Although the annual reports that indicated permitted acreage showed a total of 6.663 permitted acres, the Division inspector assigned to the site operated under the working assumption that the site consisted of 9.4 permitted acres. Based on the October inspection, the Division asked the Operator to post new boundaries, identify new structures within the existing permit boundaries not Aspen Enterprises NOV February 16, 2006