2017-09-08_ENFORCEMENT - M1991037

• Permit No: M1991037
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/8/2017
• Doc Name: Board ‎(MLRB)‎ Order
• From: DRMS
• To: High Speed Mining
• Email Name: MAC
• Media Type: D
• Archive: No

4. During the public comment peri d, the Division received timely letter of
objection from Ann Lukacs, M.Jamie Morrow Robin Rindsig, and Robert and Jill
White. M.Jamie Morrow, Robin Rindsig, and Robert and Jill White did not appear at
the hearing and forfeited party status in this ma�tter. The Division also received timely
comment letters from History Colorado,the Colorado Division of Water Resources, and
the Park County Planning Department. The Division received an untimely letter with
comments and recommendations from Colorado Parks and Wildlife("CPW").
$. On April 19, 2017,the Division received written notice from Park County
asserting the Applicant was in violation of Park County Land Use Regulations.
Specifically, Park County found that Applicant was conducting mining operations on
land zoned for residential use.
6. During the review period,the Division generated five adequacy letters.
Applicant failed to address all of the Division's Gadequacy issues to the Division's
satisfaction. The Division found that Applican' failed to satisfy the requirements of
section 34-32-115(4)(c)(I), C.R.S., which requi es applicants to demonstrates that no
portion of the mining operation is in conflict with the laws or regulations of this state or
the United States,including but not limited to all federal, state and local permits,
licenses, and approvals, as applicable to the operation.
7. On June 8, 2017, Park County Development Services ordered Applicant to
cease and desist all mining and commercial activities on lands with residential zoning.
8. On June 22, 2017, Park County Development Services conditionally lifted
the cease and desist order previously issued to Applicant. Park County Development
Services ordered the Applicant to adhere to the scheduled rezoning hearings before the
Park County Planning Commission and the Park County Board of County
Commissioners scheduled for July 11, 2017 and'July 27, 2017.
9. On July 10, 2017, the Division inspected the site along with CPW.
10. On July 31, 2017, the Division issued and served on all parties both a
written recommendation to deny the Application and a written rationale for that
recommendation.
11. On August 9, 2017, the Board, through a prehearing officer, conducted a
prehearing conference in Fairplay, Colorado. The prehearing officer issued a draft
prehearing order. Among other things,the draft prehearing order identified four issues
for the parties to present to the Board for consideration. At the hearing, the Board
considered the draft prehearing order and invited amendments or adjustments to be
proposed by the parties. The Board adopted the draft prehearing order as presented.
12. By Resolution Number 2017-46, dated August 17, 2017, the Park County
Board of County Commissioners approved rezoning the property where the site is
located from residential to mining.
High Speed Mining, LLC
M-1991-037 2