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2022-10-18_ENFORCEMENT - M1976007UG
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2022-10-18_ENFORCEMENT - M1976007UG
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Last modified
10/20/2022 10:22:49 AM
Creation date
10/18/2022 2:46:59 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1976007UG
IBM Index Class Name
Enforcement
Doc Date
10/18/2022
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Denver Brick Company
Email Name
ECS
MAC
CMM
Media Type
D
Archive
No
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(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 /> (e) The mining operation will adversely affect the stability of any <br /> significant, valuable, and permanent manmade structures located <br /> within two hundred feet of the affected land; except that the permit <br /> shall not be denied on this basis where there is an agreement for <br /> compensation between the operator and the person having an <br /> interest in the structure that damage to the structure is to be <br /> compensated for by the operator or, where such an agreement <br /> cannot be reached, the applicant provides an appropriate <br /> engineering evaluation that demonstrates that such structures <br /> shall not be damaged by proposed construction materials <br /> excavation operations. <br /> (g)The proposed reclamation plan does not conform to the <br /> requirements of section 34-32.5-116. <br /> C.R.S. § 34-32.5-115(4) (2021). <br /> 30. 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 34-32.5-116(4)(a). <br /> 31. Under section 34-32.5-115(4)(d), C.R.S., the Board or Division may <br /> deny a reclamation permit application if the proposed operation is contrary to <br /> Colorado or U.S. laws or regulations, including federal, state, and local permits, <br /> licenses, and approvals, as applicable to the specific operation. The Act does not <br /> require applicants to obtain all applicable permits, licenses, or approvals before the <br /> Board or Division approves a reclamation permit application. Applicant is aware of <br /> the requirement to obtain any required federal, state, and local permits or <br /> approvals before commencing mining operations at the site. There is no cause to <br /> deny the Application under section 34-32.5-115(4)(d), C.R.S. <br /> i <br /> 32. Reclamation plans for mining sites must minimize disturbances to the I <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. § 34-32.5- <br /> 116(4)(h), C.R.S.; Rule 3.1.6. In consideration of the Application, information from <br /> k <br /> Denver Brick Company <br /> Golden Mine lM-1976-007UG 7 <br />
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