2007-01-16_ENFORCEMENT - M1978208

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/ ~aGU'd ~ r d-~1~ ~~~p~(~U~ / ~,~`~ M>,R-r~ ~ RECEIVED JAN 16 2001 ~ Division of Reclamation, BEFORE THE MINED LAND RECLAMATION BOARD Mining and Safety STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OF A REQUEST FOR A WAIVER OF CIVIL PENALTIES, ELK CREEK SAND AND GRAVEL, LLC, FILE NUMBER M-1978-208 THIS MATTER came before the Mined Land Reclamation Board ("Board") on December 13, 2006 in Denver, Colorado for a hearing to consider a request by Elk Creek Sand and Gravel, LLC ("Operator") for a waiver of civil penalties. The file number in this matter is M-1978-208.' 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 is the permittee on an approved Section 110 Limited Impact Reclamation Permit fora 9.92-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. Under the Colorado Land Reclamation Act for the Extraction of Construction Materials Section 34-32.5-101 et seq., C.R.S. (2006) ("Act ") and its associated Construction Materials Rules, an operator is required to submit an annual report and an annual fee on or before the anniversary of the date the permit was issued. Section 34-32.5-116(3); Construction Materials Rule 1.5. The Board may assess civil penalties against an operator who fails to abide by the Acf and its regulations, including failure to submit the annual report and fee. Section 34-32.5-124(7). 3. The Operator recently took over operations from its predecessor, Aspen Enterprises (the "Prior Operator"), by filing a Successor of Operator application with the Division of Elk Creek WCP, M-1978-208 December 13, 2006