Laserfiche WebLink
<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2008-010 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER <br />IN THE MATTER OF ROCK-N-PINE, LLC'S REQUEST FOR PERMIT <br />REINSTATEMENT, File No. M-2003-074 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 12, 2009, in Denver, Colorado for a hearing to consider a request from Rock-N-Pine, <br />LLC ("Operator"), to reinstate a reclamation permit where revocation and forfeiture occurred <br />for non-payment of fees. The file number is M-2003-074. Mark Balderston appeared on <br />behalf of the Operator. David Bird appeared on behalf of the Division of Reclamation, <br />Mining and Safety ("Division"). First Assistant Attorney General Cheryl Linden, Tony <br />Waldron and Allen Sorenson were also present. <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and order: <br />FINDINGS OF FACT <br />1. The Operator possessed a Section 110c Reclamation Permit that authorized it <br />to extract sand and gravel from a 9.90 acre site. The site is located in Park County, just <br />northwest of Fairplay, alongside State Highway 9, between the highway and the middle fork <br />of the South Platte River. The southern boundary of the permitted area abuts the northern <br />town limit of Fairplay, Colorado. <br />2. At a hearing on December 12, 2008, the Board revoked the Operator's permit _ <br />- -and-ordered-the-Operator's-fnancial-warranty fotfeited for"fdiling`tolfife annual-financial - <br />reports for 2007 and-2008. The Division was unable to locate the Operator in advance of the <br />hearing and the Operator did not appear at the December 2008 hearing. The Board found the <br />Operator in violation of §§ 34-32.5-116(3)(a) and 34-32.5-125(2), C.R.S., and Rule 1.5 of <br />the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br />Extraction of Construction Materials ("Construction Rules"); MV-2008-010. <br />3. The Division previously assessed a civil penalty in October 2008 of $604 <br />against the Operator for failing to file annual reports and pay annual fees for 2007 and 2008. <br />4. The site was turned over to the Inactive Mine Program ("IMP") for <br />reclamation. IMP staff located the Operator in May 2009. <br />Rock-N-Pine, LLC <br />Request for Reinstatement <br />M-2003-074 .