Laserfiche WebLink
~ oard Coda-w ~ <br />m ~ Z ~~ Ubv ~ ~,~-r,~ . M ~+u5 ~ <br />RECEIVED <br />SAN r s zoo? `~ <br />BEFORE THE MINED LAND RECLAMATION BOARD Division of Reclamation, <br />STATE OF COLORADO Mining and Safety <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE REQUEST FOR WAIVER OF CIVIL PENALTIES, RALPH <br />AND RANDY PORCO, FILE NUMBER M-2004-042 / <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />December 13, 2006 in Denver, Colorado for a hearing to consider the request of Ralph and v <br />Randy Porco ("Operator") for an order waiving civil penalties assessed against it. The file <br />number in this matter is M-2004-042. <br />The Board, having considered the information presented 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 operates an aggegate pit pursuant to a Section 110c Reclamation Permit for <br />a 2.8-acre site located in Section 18, Township 35 North, Range $ East, ] 0`h Principal <br />Meridian, Conejos County, Colorado. <br />2. Under the Colorado Land Reclamation Act for the Extraction of Construction Materials <br />Section 34-32.5-101 et seq., C.R.S. (2006) ("Act") and its associated Construction Materials <br />Rules, an operator is required to submit an annual report and an annual fee on or before the <br />anniversary of the date the permit was issued. Section 34-32.5-116(3); Construclion <br />Materials Rule 1.5. The Boazd may assess civil penalties against an operator who fails to <br />abide by the Act and its regulations, including failure to submit the annual report and fee. <br />Section 34-32.5-124(7). <br />The Operator failed to submit an annual report and failed to submit an annual fee to the <br />Division of Reclamation, Minerals and Safety ("Division") in a timely manner. The <br />Porco WCP <br />