2020-01-13_ENFORCEMENT - M2018051 (3)

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(g)The proposed reclamation plan does not conform to the requirements of section 34-32.5-116. § 34-32.5-115(4), C.R.S. (2019). 26. Any concerns regarding future enforcement are not grounds to deny the Application under section 34-32-115(4). Under Rules 3.2 and 3.3, the Division has adequate authority to inspect and report violations of the permit, the Rules, and the Act. 27. Under section 34-32.5-115(4)(a), C.R.S., the Board or Division may deny a reclamation permit if the application is incomplete. Based on the record and testimony presented, Applicant has submitted a complete application and complied with the requirements of section 34-32.5-112, C.R.S. and Rule 1.6.2. There is no cause to deny the Application under section 34-32.5-115(4)(a). 28. Reclamation plans for mining sites must provide that disturbances to the prevailing hydrologic balance of the affected land and surrounding areas, and to the quality and quantity of water in surface water and groundwater systems,will be minimized. § 34- 32.5-116(4)(h), C.R.S.; Rule 3.1.6. In consideration of the application, information from Applicant, and other information presented at the hearing, Applicant met its burden to prove compliance with section 34-32.5-116(4)(h), C.R.S. and Rule 3.1.6. 29. Reclamation plans must also comply with other provisions of section 34-32.5- 116(4), C.R.S., including, among other things, appropriate grading of reclaimed slopes, proper topsoil management, adequate revegetation that is compatible with the post-mining use. Here, Applicant has compiled with the requirements of sections 34-32.5-112 and 34- 32.5-116(4) regarding reclamation and Rules 3.1. and 6.4.5. There is no cause to deny the Application under section 34-32.5-115(4)(c) or(g), C.R.S. 30. The Applicant has also complied with Rules 3.1.8 and 6.4.8's requirements regarding wildlife. Based on the Application and evidence presented, the Application adequately takes into account the safety and protection of wildlife at the proposed site. Because it complies with Rules 3.1.8 and 6.4.8, wildlife issues are not cause to deny the Application under section 34-32.5-115(4)(c), C.R.S. 31. Under the Act, the Division and the Board shall grant a permit to an applicant who complies with section 34-32.5-115(4), C.R.S. The Application complies with section 34-32-115(4), C.R.S. ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby approves AM-01, over objections. DONE AND ORDERED this 13th day of January 2020. Black Mountain Sand Weld LLC Lost Creek Mine/M 2018-051 5