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2015-11-17_ENFORCEMENT - M2015017
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2015-11-17_ENFORCEMENT - M2015017
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Last modified
8/24/2016 6:12:36 PM
Creation date
11/18/2015 3:00:30 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2015017
IBM Index Class Name
ENFORCEMENT
Doc Date
11/17/2015
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
JRS Mining, LLc
Email Name
MAC
WHE
AJW
Media Type
D
Archive
No
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(collectively, "Objectors"). The Division also received letters of comment from the <br />Colorado Division of Water Resources, the Army Corps of Engineers, History <br />Colorado, and the Park County Board of County Commissioners. <br />5. The Division issued three (3) adequacy letters to Applicant. Applicant <br />addressed all adequacy issues to the Division's satisfaction. <br />6. On October 5, 2015, the Division issued its recommendation to approve <br />the Application over objection. <br />7. On October 15, 2015, the Board, through prehearing conference officer <br />Jeff Graves, convened a prehearing conference in Fairplay, Colorado. Ann Lukacs, <br />Carolyn Erdle, Adam Guthrie, John Schmidt, a representative of the Applicant, and <br />two Park County Board of County Commissioners representatives attended the <br />prehearing conference. <br />8. At the prehearing conference, all parties agreed that all issues that the <br />Objectors raised are either outside the jurisdiction of the Board and the Division or <br />have been resolved to the Objectors' satisfaction. Ann Lukacs and Adam Guthrie <br />withdrew as parties to the matter by submitting a Party Status Withdrawal Form <br />to the prehearing conference officer on October 15, 2015. Carolyn Erdle submitted a <br />Party Status Withdrawal Form on October 20, 2015. John and Eileen Schmidt did <br />not submit a Party Status Withdrawal Form. <br />CONCLUSIONS OF LAW <br />9. The Board has jurisdiction over Applicant and this matter pursuant to <br />the Act. <br />10. Under Rule 2.8.1(1), any party who fails to attend the hearing on a <br />matter forfeits his or her party status in that matter and all associated rights and <br />privileges. John and Eileen Schmidt did not appear at the hearing in this matter <br />and, therefore, forfeit their party status and associated rights and privileges. <br />11. All Objectors have either withdrawn as party status or forfeited their <br />party status by failing to attend the hearing. Further, all objections to the <br />Application raised by the Objectors are either outside the jurisdiction of the Board <br />and the Division or have been resolved. No objections to the Application remain for <br />the Board's consideration. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby AFFIRMS the recommendation of the Division to approve the Application. <br />JRS Mining, LLC <br />Sullivan Aggregate Pit/M-2015-017 2 <br />
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