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2018-05-31_ENFORCEMENT - M2017036 (2)
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2018-05-31_ENFORCEMENT - M2017036 (2)
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Entry Properties
Last modified
6/21/2018 12:13:01 PM
Creation date
6/21/2018 11:38:01 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2017036
IBM Index Class Name
Enforcement
Doc Date
5/31/2018
Doc Name Note
Board (MLRB) Order
Doc Name
Board (MLRB) Order
From
DRMS
To
Loveland Ready Mix Concrete, Inc.
Email Name
JLE
MAC
GRM
CMM
Media Type
D
Archive
No
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(c) Any part of the proposed mining operation, the reclamation <br />program, or the proposed future use is contrary to the laws or <br />regulations of this article. <br />(d) The proposed mining operation, the reclamation program, or <br />the proposed future use is contrary to the laws or regulations of <br />this state or the United States, including but not limited to all <br />federal, state, and local permits, license, and approvals, as <br />applicable to the specific operation. <br />(e) The mining operation will adversely affect the stability of any <br />significant, valuable, and permanent manmade structures located <br />within two hundred feet of the affected land; except that the permit <br />shall not be denied on this basis where there is an agreement for <br />compensation between the operator and the person having an <br />interest in the structure that damage to the structure is to be <br />compensated for by the operator or, where such an agreement <br />cannot be reached, the applicant provides an appropriate <br />engineering evaluation that demonstrates that such structures <br />shall not be damaged by proposed construction materials <br />excavation operations. <br />(g) The proposed reclamation plan does not conform to the <br />requirements of section 34-32.5-116. <br />C.R.S. § 34-32.5-116(4) (2017). <br />59. Any concerns regarding future enforcement are not grounds to deny <br />the Application under section 34.32.115(4). Under Rules 3.2 and 3.3, the Division <br />has adequate authority to inspect and report violations of the permit, the Rules, and <br />the Act. <br />60. Under section 34-32.5-115(4)(a), C.R.S., the Board or Division may <br />deny a reclamation permit if the application is incomplete. Based on the record and <br />testimony presented, Applicant has submitted a complete application and complied <br />with the requirements of section 34-32.5-112, C.R.S. and Rule 1.6.2. There is no <br />cause to deny the Application under section 34-32.5-115(4)(a). <br />61. Under section 34-32.5-115(4)(d), C.R.S., the Board or Division may <br />deny a reclamation permit application if the proposed operation is contrary to <br />Colorado or U.S. laws or regulations, including federal, state, and local permits, <br />licenses, and approvals, as applicable to the specific operation. The Act does not <br />require applicants to obtain all applicable permits, licenses, or approvals before the <br />Loveland Ready Mix Concrete, Inc. <br />Knox Pit/M-2017-036 <br />
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