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2018-03-28_ENFORCEMENT - M1977219
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Entry Properties
Last modified
4/4/2018 1:44:16 PM
Creation date
4/4/2018 11:29:00 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977219
IBM Index Class Name
Enforcement
Doc Date
3/28/2018
Doc Name Note
Board Order
Doc Name
Board (MLRB) Order
From
DRMS
To
Summit Brick & Tile Co.
Email Name
ERR
WHE
AJW
CMM
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPLICATION OF SUMMIT BRICK & TILE CO. <br />FOR AN AMENDMENT TO 112C CONSTRUCTION MATERIALS <br />RECLAMATION PERMIT, PERMIT NO. M-1977-219. <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 21, 2018 in Denver for a hearing to consider the application for an <br />amendment to a 112c construction materials reclamation permit filed by Summit <br />Brick & Tile Co. ("Applicant"), amendment number AM -03. Assistant Attorney <br />General Scott Schultz and Elliott Russell appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). Mike Leidich and Steve O'Brian <br />appeared on behalf of Applicant. Shelley Stuart -Bullock ("Objector") and Jordan <br />May, Esq. appeared on behalf of Objector. <br />The Board, having considered the presentations, testimony, and evidence of <br />the Division]; Applicant; and the Objector, and being otherwise fully informed of the <br />facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. On June 30, 2017, the Applicant filed an application with the Division <br />for an amendment to its 112c reclamation permit under section 34-32.5-112, C.R.S. <br />for a site known as the Fox #1 Clay Mine, permit number M-1977-219 (the <br />application is referred to herein as "Application"), located in section 30, Township <br />22 South, Range 67 West, in Pueblo County, Colorado. <br />2. During the public comment period, as mandated by Rule 1.7.1 of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials, 2 CCR 407-4 ("Rules"), the Division <br />received timely letters of objection from Shelley Stuart -Bullock and Ron Miller, and <br />comment letters from History Colorado, Pueblo County, and the Colorado Division <br />of Water Resources. <br />3. Mr. Miller failed to maintain party status. <br />I The Division was advisory staff to the Board, not a party, in this proceeding. <br />
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