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~„_ <br />FEe 2 2 2GQ5 <br />BEFORE THE MINED LAND RECLAMATION BOARD Lfivisian at u.ir.~r- :~ ~eatogy <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE REQUEST FOR WAIVER OF CIVIL PENALTIES, GOOSE <br />HAVEN SAND & GRAVEL, INC., FILE NUMBER M-1984-099 f <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />January 19, 2005 in Denver, Colorado for a hearing to consider the request of Goose Haven <br />Sand & Gravel, Inc., ("Permittee") for an order waiving civic penalties assessed against it. <br />The file number in this matter is M-1984-099. Jim Dupler appeared on behalf of the <br />Division. There were no appearances on behalf of the Operator. <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 />In 1984, the Board approved the Permittee's application for a Section 112c Reclamation <br />Permit fora 216.8-acre site located in Section 36, Township 3 North, Range 68 West, 6°i <br />Principal Meridian, Weld County, Colorado. The location is referred to as the Bailey Pit <br />site. <br />Under the Colorado Land Reclamation Act for the Extraction of Construction Materials <br />Section 34-32.5-101 et seq., C.R.S. (2004) ("Acts"), and their associated rules and <br />regulations, an operator is required to submit an annual report and an annual fee on or <br />before the anniversary of the date the permit was issued. Section 3432.5-116(3); <br />Construction Materiais Rule 1.5. The Board may assess civil penalties against an operator <br />who fails to abide by the Acts and their regulations, including failure to submit the annual <br />report and fee. Section 34-32.x-124(7). <br />~~~ G~Hr ~ SPCC <br />