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2020-01-28_ENFORCEMENT - M2018051 (4)
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2020-01-28_ENFORCEMENT - M2018051 (4)
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Last modified
12/27/2024 4:50:14 PM
Creation date
1/28/2020 12:15:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2018051
IBM Index Class Name
ENFORCEMENT
Doc Date
1/28/2020
Doc Name
Board (MLRB) Order
From
DRMS
To
Pete Kowalewski
Email Name
PSH
JLE
CMM
Media Type
D
Archive
No
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25. In considering whether to grant a permit to an applicant, the Board <br /> "shall not deny a permit except on one or more of the following grounds," as relevant: <br /> (a) The application is incomplete and the performance and <br /> financial warranties have not been provided. <br /> (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 /> (g) The proposed reclamation plan does not conform to the <br /> requirements of section 34-32.5-116. <br /> § 34-32.5-115(4), C.R.S. (2019). <br /> 26. 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 /> 27. 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 /> 28. Reclamation plans for mining sites must provide that disturbances to the <br /> prevailing hydrologic balance of the affected land and surrounding areas, and to the <br /> quality and quantity of water in surface water and groundwater systems, will be <br /> minimized. § 34-32.5-116(4)(h), C.R.S.; Rule 3.1.6. In consideration of the application, <br /> information from Applicant, and other information presented at the hearing, Applicant <br /> met its burden to prove compliance with section 34-32.5-116(4)(h), C.R.S. and Rule <br /> 3.1.6. <br /> 29. Reclamation plans must also comply with other provisions of section 34- <br /> 32.5-116(4), C.R.S., including, among other things, appropriate grading of reclaimed <br /> slopes, proper topsoil management, adequate revegetation that is compatible with the <br /> post-mining use. Here, Applicant has complied with the requirements of sections 34- <br /> Black Mountain Sand Weld LLC <br /> Lost Creek Mine/M-2018-051 5 <br />
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