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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2014-040 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE REQUEST FOR EXTENSION OF THE DEADLINE TO <br />SUBMIT ALL APPLICATION MATERIALS IN AN APPROVABLE FORM BY <br />KYM A. SCHURE, File No. M-1986-074 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 23, 2015 in Denver, Colorado as a consent agenda item to consider the <br />request for a second extension of the Board -ordered deadline to submit conversion <br />application materials in an approvable form by Kym A. Schure ("Operator"), file <br />number M-1986-074. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(c) reclamation permit for a 9.9 sand and <br />gravel pit located in the NW 1/4 of Section 21, Township 8 North, Range 53 West, 6th <br />Principal Meridian in Logan County. The site is known as the Dollerschell Pit. <br />2. Effective December 5, 2014, the Board issued a Findings of Fact, <br />Conclusions of Law, and Order ("December 2014 Order"). In the December 2014 <br />Order, the Board found the Operator in violation of section 34-32.5-109(1), C.R.S. for <br />failing to obtain a reclamation permit prior to engaging in a new mining operation. <br />The December 2014 Order: (a) required the Operator to cease and desist further <br />activity on affected land outside the approved permit boundary,;(b) ordered the <br />Operator to submit an interim financial warranty and file an application to convert <br />the 110(c) permit to a 112c permit to include the affected lands outside the permit <br />boundary; and (c) imposed a civil penalty. The December 2014 Order required all <br />application materials for the conversion application to be submitted in an approvable <br />form within one hundred eighty (180) days of December 5, 2014, by June 3, 2015. <br />3. The Operator submitted a complete conversion application. However, <br />adequacy items are required to be completed before the application may be approved. <br />4. On May 26, 2015, the Division received a letter from a consultant on <br />behalf of the Operator requesting a thirty -day extension, to July 3, 2015, to the <br />deadline to complete adequacy items. On June 16, 2015, the Division received a <br />