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~. <br />L. ~ ~j ~!f'R 16 2007 <br />BEFORE THE MINED LAND RECLAMATIO BOARD Division otRn~amaiion, <br />STATE OF COLORADO ,Q ~,_ p //}~ _~ Niinino and Safety <br />FINDINGS OF FACT, CONCLUSION/SJpO-AF/Lt~A~W ALN(D~Oi`RD~ER <br />IN THE MATTER OF HELEN INNERY'S REQUEST FOR WAIVER OF CIVIL <br />PENALTIES, FILE NUMBER M-1998-055 ~ M V - ~~~ ~ - b 6 3 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />Mazch 14, 2007, in Denver, Colorado for a hearing to consider a request for a waiver of civil <br />penalties by Helen Whinnery ("Operator"). The file number in this matter is M-1998-055. <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 possesses a Section 1 l Oc reclamation permit for a sand and gravel operation. <br />The Operator is permitted to conduct excavation activities on 9.90 permitted acres located <br />in Section 35, Township 45 North, Range 4 West, 6`h Prime Meridian, Gunnison County, <br />Colorado. <br />2. The Operator failed to file an annual report and failed to submit an annual fee of $281.00 <br />to the Division in a timely manner, as required by Section 34-32.5-116(3)(a) of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34- <br />32.5-101 et seg., C.R.S. (2006) ("Act"). <br />3. On October 16, 2006, the Division sent a Final Notice to the Operator in which the <br />Division notified the Operator that the annual report and fee were past due and that if they <br />were not received by November 15, 2006, the Division would impose a civil penalty. <br />4. On November 17, 2006, the Division received the Operator's annual fee and report. <br />Because the annual fee and report were not received by the stated deadline, the Division <br />Helen Whinnery <br />M-1998-055 <br />