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2017-08-18_ENFORCEMENT - M1986074
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2017-08-18_ENFORCEMENT - M1986074
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Entry Properties
Last modified
12/30/2020 11:42:21 AM
Creation date
8/18/2017 4:17:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1986074
IBM Index Class Name
Enforcement
Doc Date
8/18/2017
Doc Name
Request for continuance
From
The Hayes Law Firm LLC
To
DRMS
Email Name
JLE
WHE
AJW
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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RECEIVED <br /> AUG 18 2017 <br /> BEFORE THE MINED LAND RECLAMATION BOARD ��RFCUIMAl10M <br /> STATE OF COLORADO <br /> REQUEST FOR EXTENSION OF HEARING DATE <br /> Reason to Believe a Violation of Rule 6.4.14 and C.R.S.34-32.5-124(1) exists <br /> DOLLERSCHELL PIT <br /> PERMIT M-1986-074 <br /> This law firm represents Kym Schure("Permittee"), who holds DRMS mining permit number <br /> M-1986-074. <br /> Mr. Schure has received a Reason to Believe a Violation exists as captioned above,based on an <br /> assertion by an adjoining landowner that he does not have a legal right to enter a portion of the <br /> permitted area. Mr. Schure has demurred from that assertion, and has proffered documents to the <br /> Division that support his legal right to enter. In addition,he has filed a Technical Revision in <br /> which he has offered to revise the permit to provide that the area in question will not be mined <br /> but only reclaimed. As part of that submission,he provided evidence to the Division of the right <br /> of access to the tract that is the subject of the objection that gave rise to the Notice of Potential <br /> Violation. Mr. Schure is not mining in the disputed area now,and has never mined in it. It was <br /> previously mined and partly reclaimed under a different permit,held by a different operator. <br /> This matter is set for a hearing at the regular Board meeting on August 23 and 24,2017. There is <br /> no current mining activity on the disputed part of the permit area,and the issue to be considered <br /> at this hearing does not deal with any imminent risk of harm to public health, the environment, <br /> or property. Under the circumstances, it would be appropriate to continue this matter pending <br /> the Division's review of the proposed Technical Revision. <br /> Mr. Schure requests that the Board continue the hearing date on this matter until such time as the <br /> Division has either rejected the Technical Revision or approved it. <br /> Respectfully submitted this 18t'day of August, 2017. <br /> stop <br /> Hayes <br /> The yes La Firm LL <br /> 158 Lincoln Street Suite 1280 <br /> D ver, CO 80203 <br /> 303 860 1800 <br /> chayes@hayeslawfirmllc.com <br /> Attorneys for Kym Schure <br /> 1 <br />
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