ENFORCE26202

• Permit No: M1987131
• IBM Index Class Name: Enforcement
• Doc Name: FINDINGS OF FACT CONCLUSION OF LAW AND ORDER IN THE MATTER OF R E MONKS CONSTRUCTION CO
• Media Type: D
• Archive: No

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BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
File No. M-91-014
FINDINGS OF FACT, CONCLUSION OF LAW, AND ORDER
IN THE MATTER OF R.E. MONKS CONSTRUCTION COMPANY
THIS MATTER having come before the Mined Land Reclamation
Board ("the Board") on request for an informal board opinion pur-
suant to 2 CCR 407-1, Rule 1.12, the Board hereby denies said
request for the following reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. In October
Construction Company
permit.
2. In January
struction Company to
permit pursuant to §
or pay civil penalti~
1992.
of 1991, the Board found that R.E. Monks
was conducting a mining operation without a
of 1992, the Board ordered R.E. Monks Con-
submit an application for a reclamation
34-32-112, C.R.S. (1984 & 1992 Supp.),
as in the amount of $5,100, by August 3,
3. R.E. Monks Construction Company failed to comply with
the Board's order.
4. R.E. Monks Construction Company now requests that the
Board render an informal board opinion, and asks that the Board
vacate the assessment of civil penalties against it.
5. Under 2 CCR 407-1, Rule 1.12, the Board must grant or
deny a request for an informal board opinion at its next regu-
larly scheduled hearing. If the Board denies the request, it
must give its reasons in writing.
6. The Board finds that R.E. Monks Construction Company's
request for an informal board opinion is in reality a request for
reconsideration of the Board's order.