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~DA~O D~Pd~,P <br />~: ~~/~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Q.C/1- <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND <br />~F~ <br />o;, O L <br />~` ~~F <br />,,,s~~ o ?p?O O <br />s7a,/J~"Q~v 06+ <br />~ Y / ff~ Pal!/~~ <br />IN THE MATTER OF A MODIFICATION TO AND VACATION OF PORTIONS OF A <br />PRIOR BOARD ORDER CONCERNING ASPEN ENTERPRISES' NOTICE OF <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL <br />PENALTIES FOR FAILURE TO PROTECT AREAS OUTSIDE THE AFFECTED LANDS <br />FROM SLIDES OR DAMAGE DURING MINING OR RECLAMATION, FILE NUMBER <br />,~ 1978-208 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />October 18, 2006 in Denver, Colorado for a hearing to consider a modification to and <br />vacation of portions of a prior Board order concerning a violation, cease and desist order, <br />corrective actions and civil penalties for failing to protect areas outside the affected lands <br />from slides or damage during mining or reclamation. The file number in this matter is M- <br />yn <br />1978-208. There were no appeazances on behalf of either Elk Creek Sand & Gravel, LLC <br />("Elk Creek") or Aspen Enterprises. EIk Creek is the mining operator successor to Aspen <br />Enterprises. Allen Sorenson and Cheryl Linden, Esq. appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations 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 />By virtue of a Successor of Operator filing, Elk Creek became the permittee on a Section <br />110 Limited Impact Reclamation Permit held by Aspen Enterprises. Elk Creek is now the <br />operator and permittee on a permit authorizing mining operations on a 9.92-acre aggregate <br />quarry known as Shaffer's Crossing. The site is located in Section 32, Township 6 South, <br />Range 71 West, 6`h P.M., Jefferson County, Colorado. <br />Aspen Enterprises/Elk Creek Revised Order <br />October 18, 2006 <br />