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2020-02-04_ENFORCEMENT - M2018039
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2020-02-04_ENFORCEMENT - M2018039
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Last modified
2/5/2020 1:20:17 PM
Creation date
2/4/2020 2:16:07 PM
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Template:
DRMS Permit Index
Permit No
M2018039
IBM Index Class Name
ENFORCEMENT
Doc Date
2/4/2020
Doc Name
Board (MLRB) Order
From
DRMS
To
North Weld County Water District
Email Name
BFB
MAC
Media Type
D
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No
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5. Rule 25 governs declaratory order petitions. At the December 11,2019 <br /> meeting,the Board convened a non-evidentiary hearing on the petition in accordance <br /> with Rule 2.5.4(c). Petitioners participated and testified at the hearing. <br /> 6. Rule 4.1.2 provides that no financial warranty shall be required if the <br /> operator is "a unit of municipal or county government" and submits a written <br /> guarantee, in lieu of financial warranty, stating that it will reclaim affected lands in <br /> compliance with the Act, Rules, and permit. Petitioner is a political subdivision of <br /> the State of Colorado, specifically Weld County, and is eligible for exemption from <br /> the requirement to submit a financial warranty under Rule 4.1.2. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law,the Board <br /> hereby GRANTS the petition of North Weld County Water District. Pursuant to <br /> Rule 4.1.2(2),North Weld County Water District will not be required to submit a <br /> financial warranty provided it submits a written guarantee, in lieu of financial <br /> warranty, that it will reclaim all affected lands in compliance with section 34-32.5- <br /> 116,C.R.S., the Rules, and its permit. <br /> DONE AND ORDERED this 22nd day of January, 2020. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> I / • - <br /> _ <br /> J.<n Singletary, Ch: <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a complaint with the district court within thirty-five (35) days after the effective <br /> date of this order, pursuant to section 24-4-106, C.R.S. (2019) and the Colorado <br /> Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br /> designations of record made in accordance with section 24-4-106(6), CR.S.should <br /> be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br /> Attention: Carnie Mojar <br /> North Weld County Water District <br /> Lamb Lakes, File No. M-2018-039 2 <br />
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