2022-03-21_ENFORCEMENT - M2019053 ‎(2)‎

• Permit No: M2019053
• IBM Index Class Name: Enforcement
• Doc Date: 3/21/2022
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: DRMS
• To: Kelley Trucking, Inc
• Email Name: CMM
• Email Name: JLE
• Email Name: JPL
• Media Type: D
• Archive: No

112(9)(b), C.R.S. and Rule 1.6.2(1)(d)of the Mineral Rules and Regulations of the
Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, 2
CCR 407-4 ("Rules").
5. The public comment period ended on August 19, 2020, with the Division
receiving one timely written objection from Objector and timely comment fetters from
History Colorado and the Division of Water Resources.
6. During the review period, the Division generated two adequacy letters.
The first adequacy review letter, dated August 20, 2020, notified Operator that the road
used to accommodate site activities was affected land that must be incorporated into
the permit boundary.
7. In early September 2020,Adams County officials informed the Division
that there was an unimproved public right away where Operator had constructed the
access road to the site.
8. On November 13, 2020,Adams County informed the Division that its
review of additional documentation led it to determined that there was no right of way,
formal or informal, on the access road.
9. Applicant submitted an amendment to the application on July 1, 2021,
including the road in the permit boundaries using what it believed was a City of Aurora
right of way easement.
10. The Division issued a notice of incompleteness on July 9, 2021 and
requested that Applicant demonstrate legal right to enter the access road.
11. On November 23, 2021, Applicant informed the Division that the City of
Aurora does not have a right of way to the access road.
12, The Division denied the amendment on December 1, 2021 because there
was no right to access the road.
13. The Division denied the permit application on December 28, 2021
because Applicant had not demonstrated a legal right of entry for the access road to
eater the site.
14. At the hearing held during the Board's January 19, 2022 meeting, the
Division presented testimony regarding the site and Applicant's lack of legal right to
enter. Though Applicant owns the land where the disturbances primarily occurred, it
lacks a legal right to cross Objector's property to access the site. Applicant had no legal
right to use the road it constructed to access the mining site.
15. At the hearing, Applicant acknowledged that it did not have a legal right to
enter the property.
Kelley Trucking, Inc.
M-2019-053 2