Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2011-007 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE REQUEST OF WESTERN GRAVEL, INC FOR PERMIT <br />REINSTATEMENT, File No. M-1984-108 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 22, 2018, in Denver, Colorado as a consent agenda item for Western Gravel, <br />Inc.'s request for reinstatement of permit number M-1984-108. <br />The Board, having considered the materials presented with this consent agenda <br />item and being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. Western Gravel, Inc. ("Operator") had a 110c reclamation permit for a 9.9 - <br />acre sand and gravel site located in Section 22, Township 50 North, Range 10 West, <br />10th Principal Meridian, Montrose County, Colorado. The site is known as the Olathe <br />Pit. <br />2. The Board issued an order on February 23, 2011 revoking permit number <br />M-1984-108 for failure to maintain a financial warranty in good standing. <br />3. The Division of Reclamation, Mining, and Safety (the "Division") conducted <br />a inspection of the site on June 20, 2018 and issued a report signed July 10, 2018. The <br />inspection report indicates that the financial warranty Operator has with the Division is <br />adequate and that other compliance problems regarding water rights have been <br />resolved to the Division's satisfaction. <br />4. Operator requests the reinstatement of permit number M-1984-108. <br />5. The Division recommends that the Board reinstate the permit. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to sections 34-32.5- <br />104, -105, and -124 of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Article 32.5 of Title 34, C.R.S. (2017) ("Act"). <br />7. Pursuant to section 34-32.5-124(6)(b), C.R.S., once a permit has been <br />revoked by the Board, an operator may continue mining operations only for the purpose <br />