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C~ <br />STATE OF COLORADO <br />• <br />MINED LAND RECLAMATION HOARD <br />IN THE MATTER OF: <br />R.E. MONKS CONSTRUCTION COMPANY ) PETITION TO VACATE <br />P.O. Box 25579 ) CIVIL PENALTY <br />Colorado Springs, CO 80936-5576 ) <br />File No. M-87-131 ) <br />R.E. Monks Construction Company ("Monks Construction") <br />respectfully requests that the Mined Land Reclamation Board <br />("Board"), pursuant to Rule 1.12 of the Mined Rules and <br />Regulations, vacate the civil penalty assessed against Monks <br />Construction on or about January 23, 1992, and in support thereof <br />states as follows: <br />1. On or about June 8, 1984, Monks Construction and <br />Douglas Kerrigan ("Mr. Kerrigan") entered into a Mining Lease <br />regarding certain real property located in Fremont County, <br />Colorado ("Property"), whereby Monks Construction agreed to lease <br />the Property from Mr. Kerrigan for the purpose of mining and <br />marketing sand, gravel and rock. A copy of the Mining Lease and <br />its three addenda, hereinafter collectively referred to as the <br />"Mining Lease," are attached hereto as Exhibit A. <br />2. Paragraph 3.3 of the Mining Lease (Exhibit A) provides: <br />"Lessor [Mr. Kerrigan] covenants that any and <br />all federal, state and local licenses or <br />permits to operate this mining operation are <br />in full force and effect and shall inure to <br />the benefit of Lessee [Monks Construction]." <br />3. Shortly after beginning its operations in the Property, <br />in approximately September 1984, Monks Construction was notified <br />that it was operating without the Property being properly <br />permitted and immediately ceased its operations.l Pursuant to a <br />Notice of Corrective Action and Order to Pay a Civil Penalty, a <br />copy of which is attached hereto as Exhibit B, the Board assessed <br />1 Mr. Kerrigan originally leased the Property from Julia <br />McGuire. Mr. Kerrigan then subleased the Property to Monks <br />Construction pursuant to the Mining Lease. In November <br />1984, after Ms. McGuire was notified by the Board that the <br />Property was being illegally mined, she terminated her lease <br />with Mr. Kerrigan. Monks Construction subsequently <br />purchased the Property from Ms. McGuire in November 1987. <br />