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2019-11-14_ENFORCEMENT - M2018051
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2019-11-14_ENFORCEMENT - M2018051
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Last modified
12/18/2024 10:47:13 AM
Creation date
11/14/2019 1:52:12 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2018051
IBM Index Class Name
Enforcement
Doc Date
11/14/2019
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Black Mountain Sand Weld, LLC
Email Name
PSH
JLE
CMM
Media Type
D
Archive
No
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. On November 4, 2019, Applicant filed its Motion to Remove Exhibits <br /> from Public Review with the Board. <br /> CONCLUSIONS OF LAW <br /> . The Board has jurisdiction over the Applicant and this matter <br /> pursuant to the Colorado Land Reclamation Act for the Extraction of Construction <br /> Materials, Article 32.5 of Title 34, C.R.S. ('Act"), <br /> 7. section 3 -32. -112 s , C.R.S. states that information provided by an <br /> applicant relating to "the location, size, or nature of the deposit or information <br /> required by subsection of this section and that is marked confidential by the <br /> operator shall be protected by the board and the office as confidential information." <br /> Exhibits 17 and is ofMorgan County Water* Quality District contain information <br /> marked confidential by the Applicant. <br /> s. The statute also requires that confidential information "shall not be <br /> matter of public record in the absence of a written release from the operator or unit <br /> the mining operation has been terminated." § -32.5-112 , C.R.S. 2 1 . The <br /> Applicant has not provided a written release allowing the confidential information <br /> contained in Morgan County Water Quality District's exhibits 17 and is to become <br /> part of the public record nor has Applicant's mining operation been terminated. <br /> ORDER <br /> The Board hereby GRANTS Applicant's Motion to Remove Exhibits from <br /> Public Review. <br /> Pursuant to section 3 -32. -112 s , C.R.S., Morgan County Water Quality <br /> District's exhibits 17 and 18 are stricken a from the Board and Division's public <br /> record and excluded from any public proceedings before re the Board. <br /> DONE AND ORDERED this sth day of November 201 <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION OARD <br /> Isl John Sirs letar <br /> John Singletary, Chair <br />
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