2009-01-08_ENFORCEMENT - M2003074 ‎(2)‎

• Permit No: M2003074
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/8/2009
• Doc Name: Board Order
• From: MLRB
• To: Rock-N-Pine, LLC
• Violation No.: MV2008010
• Email Name: AJW
• Media Type: D
• Archive: No

/, -g-09
BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
Notice of Violation No.: MV-2008-010
FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER
AND
IN THE MATTER OF ROCK-N-PINE, LLC'S POSSIBLE PERMIT
FAILURE TO PAY ANNUAL FEES,
FINANCIAL WARRANTY FORFEITURE FOR
SUBMIT ANNUAL REPORT AND PAY CIVIL PENALTY, File No. M-2003-074
THIS MATTER came before the Mined Land Reclamation Board ("Board") on
December 10, 2008, in Denver, Colorado for a hearing to consider a possible permit
revocation and financial warranty forfeiture for failure to pay annual fees, submit an annual
report and pay civil penalties. The file number is M-2003-074. Jim Dupler appeared on
behalf of the Division of Reclamation, Mining and Safety ("Division"). There were no
appearances on behalf of Rock-N-Pine, LLC ("Operator").
The Board, having considered the Division's presentation and having been otherwise
fully informed of the facts in the matter, hereby enters the following findings of fact,
conclusions of law and Board Order:
FINDINGS OF FACT
1. The Operator possesses a Section 110c Reclamation Permit that authorizes the
Operator to extract sand and gravel from a 9.90 acre site. The site is located in Park County,
just northwest of Fairplay, alongside State Hwy 9, between the highway and the Middle Fork
of the South Platte River. The permitted area comprises 9.9 acres within a 60.24 acre lot.
The southern boundary of the permitted area abuts the northern town limit of Fairplay. The
Operator posted a $17,100.00 bond with the Division to secure reclamation, bond number
CA-2003074.
2. Despite at least two notices from the Division, the Operator failed to submit an
annual report and failed to submit annual fees of $604.00 to the Division on or before the
anniversary date of the issuance of the Operator's permit. On October 9, 2008, the Division
issued a Notice of Violation No. MV-2008-010 for failure to submit annual fees and report
for February 5, 2007 and 2008. The Division also assessed civil penalties in the amount of
$604.00 and informed the Operator that unless the annual report was submitted and the
annual fee and civil penalty were paid, the Board would hold a heari ng on December 10,
2008 to consider permit revocation and financial warranty forfeiture.
Rock-N-Pine, LLC
M-2003-074