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~. ~?L~~ <br />/m V-~onC~-O/7 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />~r 2 0 Zoos <br />Division of Reclamation, <br />Mining and Safety <br />IN THE MATTER OF A REQUEST FOR A DECLARATORY ORDER SUBMITTED BY <br />1~, ELK CREEK SAND AND GRAVEL, LLC, FILE NUMBER M-1978-208 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />September 13, 2006 in Denver, Colorado for a hearing to consider a petition for a <br />declazatory order to revise the permitted acreage at an existing permitted site from 6.663 <br />acres to 9.92 acres. The file number in this matter is M-1978-208. Juliet A. Moores and <br />Amanda Cruser, Esq. appeazed on behalf of Elk Creek Sand & Gravel, LLC ("Elk Creek"). <br />Elk Creek is the current mining operator on the site and is the potential successor to the <br />permittee, Aspen Enterprises. Allen Sorenson and Cheryl Linden, Esq. appeared on behalf <br />of the Division of Reclamation, Mining and Safety ("Division"). There were no <br />appeazances on behalf of Aspen Enterprises. <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 />Aspen Enterprises is the permittee on an approved Section 110 Limited Impact <br />Reclamation Permit fora 6.663-acre aggregate quarry known as Shaffer's Crossing. The <br />site is located in Section 32, Township 6 South, Range 71 West, 6`h P.M., Jefferson <br />County, Colorado. <br />2. On February 16, 2006, the Board held a hearing to consider possible violations of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34- <br />32.5-101 et seq. C.R.S. (2006) ("Act"). Based on evidence presented at the hearing, the <br />Aspen EnteiprisesBlk Creek Revised Order <br />September 13, 2006 <br />