Laserfiche WebLink
<br />.; <br />BEFORE THE MWED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF MONKS CONSTRUCTION CO., FILE NO. M-98-103, NOTICE OF VIOLATION <br />NO. MV-99-004, CEASE AND DESIST ORDER. AND ASSESSMENT OF CNIL PENALTIES <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on February 24, <br />1999, for a hearing pursuant to Section 34-32.5-124, C.R.S., the Board makes the following Findings of Fact <br />and Conclusions of Law, and enters [he following Order: <br />FINDINGS OF FACT ,4ND CONCLUSIONS OF LAW <br />1. Monks Construction Co. ("MCC") is conducting to conduct a sand and gravel mining <br />operation in Section 29, Township 9 South, Range 57 West in Elbett County, Colorado. <br />2. The Board conducted a Formal Public Hearing on February 24, 1999, to consider a possible <br />violation of Section 34-32-109(1), C.R.S., for mining without a permit. <br />3. On December 3, 1998, the Division of Minerals and Geology inspected the MCC operation <br />and determined that the company had opened a sand and gravel pit in Section 29, Township 9 South, Range <br />57 West in Elbert County without first obtaining a reclamation permit. <br />4. Based on the inspection, MCC was found to have affected approximately 4 acres, and to <br />have removed approximately 40,000 cubic yards of material. <br />5. MCC's mining activities at the unpermitted sand and gravel pit constitute a violation of the <br />provisions of Section 34-32.5-109, which require a reclamation permit for such activities. <br />6. The duration of [he unpermi[[ed operations is determined to be 44 days, from December 12, <br />1948 to January 25, 1999, the originally scheduled date for the final hearing in this matter. <br />7. The Division issued a cease and desist order to MCC along with the December 1998 <br />inspection report. MCC has complied with the order. <br />1999. <br />8. MCC posted an interim reclamation bond of $6000.00 for the new operation on January 20, <br />9. MCC filed a 110 permit application on February 17, 1999. The application includes the <br />area mined without a permit. <br />l0. The Division incurred expenses of $549.99 to bring this matter before the Board. <br />