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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/ 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 />