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2021-09-10_ENFORCEMENT - M2008076
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2021-09-10_ENFORCEMENT - M2008076
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Last modified
2/20/2024 10:32:06 AM
Creation date
9/19/2021 9:27:49 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2008076
IBM Index Class Name
Enforcement
Doc Date
9/10/2021
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Robinson Sons, Inc.
Violation No.
MV2019005
Email Name
CMM
JLE
Media Type
D
Archive
No
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4. Following a hearing at the Board's April 22, 2020 meeting, and <br />pursuant to a request from Operator, the Board issued an Order extending the <br />deadline for Operator to complete the corrective actions to December 27, 2020. <br />5. At the March 24, 2021 Board meeting, Operator requested an <br />additional sixty days to comply with the corrective actions, explaining that drought <br />conditions during spring of 2020 had caused the failure of reseeding efforts and that <br />Operator had been unable to continue reclamation efforts in parts of the site due to <br />disputes with a neighboring landowner, press of other work off-site, and winter <br />conditions. Operator stated that he would work with the Division and comply with <br />the Board's previous order. <br />6. The Division did not oppose the requested extension. The Division did, <br />however, note that no reclamation had been done in the past year, and that <br />Operator had not been responsive to communications from the Division. The <br />Division suggested requiring an in-person inspection in thirty days. <br />7. The Board issued an Order on April 15, 2021 granting a sixty-day <br />extension to June 14, 2021 for Operator to complete the corrective actions, requiring <br />Operator to communicate with the Division weekly to update it on the reclamation <br />progress, and requiring further site inspections by the Division. <br />8. The Division conducted site inspections on April 26, 2021 and again on <br />June 9, 2021. The April 26, 2021 inspection showed progress on reclamation of a <br />headwall at the site, and the June 9, 2021 inspection showed reclamation work <br />throughout the permitted area. Following its June 9, 2021 inspection, the Division <br />determined that Operator had completed enough reclamation work that the bond <br />was adequate. <br />9. At the August 18, 2021 Board meeting, the Division presented <br />testimony regarding Operator's reclamation work at the site and the sufficiency of <br />the bond given the completed reclamation. The Division recommended that the <br />Board find that Operator had complied with the May 13, 2019 Order and reinstate <br />the permit. <br />CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter and Operator pursuant to <br />the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />Article 32.5 of Title 34, C.R.S. ("Act"). <br />2. 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 <br />purpose of bringing the operation into compliance with the provisions of the permit. <br />Robinson Sons, Inc. <br />M-2008-076/Robinson Sons Gravel Pit No. 1 <br />MV -2019-005 <br />2 <br />
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