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~I.~~~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF ASPEN ENTERPRISE 'POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CML PENALTIES FOR <br />FAILURE TO PROTECT AREAS OUTSIDE THE AFFECTED LANDS FROM SLIDES <br />OR DAMAGE DURING MINING OR RECLAMATION, FILE NUMBER M-1978-208 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 16, 2006, in Denver, Colorado for a heazing to consider a possible notice of <br />violation, cease and desist order, corrective actions and civil penalties for failing to protect <br />azeas outsidc the affected lands from slides or damage during mining or reclamation. The <br />file number in this matter is M-1978-208. Bill Peterson, Btandee Caswell and Paul Gesso <br />appeared on behalf of Aspen Enterprises ("Operator'. Harry Posey appeazed on behalf of <br />the Division of Minerals and Geology ("Division'. <br />The Boazd, 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 />The Operator currently possesses an approved Sectioa 110 Limited Impact Reclamation <br />Permit fora 6.663-acre aggregate quarry known as Shaffer's Crossing. The site is located <br />in Section 32, Township 6 South, Range 71 West, 6`" P.M., Jefferson County, Colorado. <br />2. On October 25, 2005, the Division inspected the site. Although the annual reports that <br />indicated pertitted acreage showed a total of 6.663 permitted acres, the Division inspector <br />assigned to the site operated under the working assumption that the site consisted of 9.9 <br />permitted acres. Based on the October inspection, the Division asked the Operator to post <br />new boundaries, identify new structures within the <br />Aspen Enterprises NOV <br />February 16, 2006 <br />boundaries not <br />Permit#: /v1 -\''1 /X~ <br />From: <br />Doc. ame: <br />Doc. Date (if no <br />Specialist: <br />Confidental?: <br />Type-Seq.: <br />To: Q,~ ~i <br />