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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
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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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Applicant, and other information presented at the hearing, Applicant met its burden <br /> to prove compliance with section. 34-32.5-116(4)(h), G.R.S. and Rule 3.1.6. <br /> 33. RecIamation plans must also comply with other provisions of section 34- <br /> 32.5-116(4), C.R.S., including, among other things, appropriate grading of reclaimed <br /> slopes, proper topsoil management, adequate revegetation that is compatible with the <br /> post-mining use. Here, Applicant has complied with the requirements of sections 34- <br /> 32.5-112 and 34-32.5-116(4) regarding reclamation and Rules 3.1. and 6.4.5. There is <br /> no cause to deny the Application under section 34-32.5-115(4)(c) or (g), C.R.S. <br /> 34. The Applicant has also complied with Rules 3.1.8 and 6.4.8's <br /> requirements regarding wildlife. Based on the Application and evidence presented, <br /> the Application adequately takes into account the safety and protection of wildlife <br /> at the proposed site. Because it complies with Rules 3.1.8 and 6.4.8, wildlife issues <br /> are not cause to deny the Application under section 34-32.5-115(4)(c), C.R.S. <br /> 35. Under section 34-32.5-115(4)(e), C.R.S. and Rule 6.4.19, the Board may <br /> deny an application if the mining operation will adversely affect the stability of any <br /> significant, valuable, and permanent manmade structure unless there is an <br /> agreement providing for compensation to the owner if the structure is damaged or, if <br /> no agreement is reached, the operator provides an engineering evaluation <br /> demonstrating that the structures will not be damaged by the mining operation. In <br /> consideration of the Application, information from Applicant, and other information <br /> presented at the hearing, Applicant has complied with these provision. There is no <br /> cause to deny the Application under section 34-32.5-115(4)(e), C.R.S. <br /> 36. 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 34-32.5-115(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 over objection. <br /> E <br /> DONE AND ORDERED this I -T day of <br /> r <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> A <br /> Nell - orri it <br /> Denver Brick Company <br /> Golden Mine fM-1976-007UG , <br />
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