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t . <br />-~'as, cbn~~ ~b~,1smP <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />~,~o/iR d ~R D ~s <br />~` ~~~ <br />~D,•~')ouu~~~ ,~li~i~n~ <br />r>7 y- 200.E -c~6~ <br />IN THE MATTER OF THE REQUEST FOR WANER OF CNIL PENALTIES, <br />MOUNTAIN MINING CLAIM, FILE NUMBER M-2004-008 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />February 16, 2006 in Denver, Colorado for a hearing to consider the request of The <br />Mountain Mining Claim ("Operator") for an order waiving civil penalties assessed against it. <br />The file number in this matter is M-2004-008. Jim Dupler appeared on behalf of the <br />Division. There were no appeazances on behalf of the Operator. <br />The Boazd, 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. The Operator obtained a section 110(2) reclamation permit for a gold extraction operation <br />on a .50 acre site located in Section 17, Township 3 South, Range 73 West, 6`" Principal <br />Meridian, Cleaz Creek County, Colorado. The location is referred to as the Mountain <br />Mining Claim 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) ("Act") 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 1.5. The <br />Boazd 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 />