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2015-10-29_ENFORCEMENT - M2004031
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2015-10-29_ENFORCEMENT - M2004031
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Last modified
8/24/2016 6:12:02 PM
Creation date
10/30/2015 9:46:09 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2004031
IBM Index Class Name
ENFORCEMENT
Doc Date
10/29/2015
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Aggregate Industries - WCR, Inc.
Email Name
TOD
WHE
AJW
Media Type
D
Archive
No
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groundwater systems, both during and after the mining operation and during <br />reclamation." C.R.S. § 34-32.5-116(4)(h). Minimizing such disturbance includes <br />demonstrating compliance with all applicable water laws and regulations governing <br />injury to existing water rights. Rule 3.1.6(1)(a). The Permanent Plan proposed in <br />TR -05 did not demonstrate that the Operator was in compliance with section 34- <br />32.5-116(4)(h), C.R.S. and Rule 3.1.6(1)(a). <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />AFFIRMS the Division's decision to deny TR -05. Further, the Board ORDERS the <br />Aggregate Industries — WCR, Inc. to immediately resubmit a Permanent <br />Groundwater Mounding Mitigation Plan for Division review, as required by the <br />April 2015 Order, as an application to amend permit number M-2004-031. <br />DONE AND ORDERED this zge' day of October 2015. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />66,1,freptALRek-c-"----- <br />Barbara Green, Chair <br />NOTICE OF JUDICIAL REVIEW RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint with the district court within thirty-five (35) days after the effective <br />date of this order, pursuant to section 24-4-106, C.R.S. (2015) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />designations of record made in accordance with section 24-4-106(6), C.R.S. should <br />be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br />Attention: Johnie Abad. <br />Aggregate Industries — WCR, Inc. <br />M-2004-031 4 <br />
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