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<br />C~n~, ~ Svvl~~ ~[~ ~! <br />FEB 1.2006 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />RECEIVED <br />Diasion of Minerals and Geology <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE REQUEST FOR WAIVER OF CIVIL PENALTIES, GOOSE <br />HAVEN SAND & GRAVEL, INC., FILE NUMBER M-1984-099 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 11, 2006 in Denver, Colorado for a hearing to consider the request of Goose Haven <br />Sand & Gravel, Inc., ("Operator") for an order waiving civil penalties assessed against it. <br />The file number in this matter is M-1984-099. Jim Dupler appeared on behalf of the <br />Division. There were no appearances on behalf of the Operator. <br />The Board, having considered the Division's presentation and having been otherwise <br />fully informed of the facts in this matter, hereby enters the following findings of fact, <br />conclusions of law and order: <br />1. In 1984, the Board approved the Permittee's application for a Section 112c Reclamation <br />Permit for a sand and gravel operation on a 216.8-acre site located in Section 36, Township <br />3 North, Range 68 West, 6`h Principal Meridian, Weld County, Colorado. The location is <br />referred to as the Bailey Pit site. <br />2. Under the Colorado Land Reclamation Act for the Extraction of Construction Materials <br />Section 34-32.5-101 et seq., C.R.S. (2005) ("Acts") and its associated rules, an operator is <br />required to submit an annual report and an annual fee on or before the anniversary of the <br />date the permit was issued. Section 34-32.5-116(3); Construction Materials Rule I.S. The <br />Board may assess civil penalties against an operator who fails to abide by the Acts and their <br />regulations, including failure to submit the annual report and fee. Section 34-32.5-124(7). <br />