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2022-02-07_ENFORCEMENT - M1983033
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2022-02-07_ENFORCEMENT - M1983033
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Last modified
2/16/2022 8:49:49 AM
Creation date
2/7/2022 1:18:27 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1983033
IBM Index Class Name
Enforcement
Doc Date
2/7/2022
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Albert Frei & Sons, Inc
Email Name
CMM
PSH
JLE
Media Type
D
Archive
No
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CONCLUSIONS OF LAW <br /> 14. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 15. Under section 34-32.5-115(4), C.R.S., "the applicant must comply with <br /> the requirements of this article and section 24-4-105(7), C.R.S." <br /> 16. Under Rule 1.4.1(10), the Applicant "has the burden of demonstrating <br /> that the application meets the minimum requirements of the Act, Rules, and <br /> Regulations." <br /> 17. Under Rule 2.8.1(1) and section 24-4-105(7), C.R.S., "the proponent of <br /> an order shall have the burden of proof." As the party initiating this matter by <br /> filing the Application, Applicant was the `proponent of an order" at the hearing and, <br /> therefore, has the burden to prove that the Application is consistent with applicable <br /> laws and rules, and should be approved by the Board. <br /> 18. Under the Act, the Division and the Board shall grant a permit to an <br /> applicant who complies with section 34-32.5-115(4), C.R.S. The Application <br /> complies with section 34-32-115(4), C.R.S. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby approves the Application. <br /> DONE AND ORDERED this 4th day of January 2022. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> a,- -- 14z g - /,,&� <br /> John Singletary, C air <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely <br /> affected or aggrieved by agency action may commence an action for judicial review <br /> by filing a complaint with the district court within thirty-five (35) days after the <br /> effective date of this order, pursuant to section 24-4-106, C.R.S. (2020) and the <br /> Colorado Rules of Civil Procedure. In the event that a complaint for judicial review <br /> is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. <br /> Albert Frei & Sons, Inc. <br /> Walstrum Quarry/M-1983-033 3 <br />
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