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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 REQUEST OF THOMAS F. & GINGER L. <br />LATHAM FOR A FIVE-YEAR PERIOD OF TEMPORARY CESSATION, <br />File No. M-1981-058 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />June 27, 2018 as a consent agenda item regarding the request for an initial period of <br />temporary cessation filed by Thomas F. and Ginger L. Latham ("Operator") for the <br />DeBeque Gravel Pit, file number M-1981-058 ("permit). <br />The Board, being fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. Operator holds a 112(c) reclamation permit for 41.7 acres of sand and <br />gravel mining. The site is known as the DeBeque Gravel Pit. The site is a <br />designated sand and gravel operation and is located in Mesa County, Township 9S, <br />Range 97W, Section 9. <br />2. On April 20, 2018, Operator submitted a notice for an initial period of <br />Temporary Cessation for the site, requesting an effective date of April 20, 2018. <br />3. No objections from any parties were received. <br />4. The Division supports Operator's an initial period of Temporary <br />Cessation. <br />CONCLUSIONS OF LAW <br />5. The Board has jurisdiction over this matter pursuant to the Land <br />Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title <br />34, C.R.S. ("Act"). <br />6. Under section 34-32.5-103(11)(b), C.R.S., an operator may temporarily <br />cease production upon compliance with the notice requirements therein. Pursuant <br />to section 34-32.5-103(11)(c), C.R.S., an operator may be in temporary cessation of <br />production of up to ten years. <br />