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2022-10-18_ENFORCEMENT - M2002096
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2022-10-18_ENFORCEMENT - M2002096
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Last modified
10/25/2022 9:36:18 AM
Creation date
10/18/2022 3:06:39 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2002096
IBM Index Class Name
Enforcement
Doc Date
10/18/2022
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Michael B. Toelle - Holcim Inc
Email Name
CMM
TC1
MAC
Media Type
D
Archive
No
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6. The Division conducted an inspection of the site on July 19, 2022, and <br /> found no problems or violations at the site during the inspection. <br /> 7. Operator has committed to comply with all reclamation requirements <br /> or other activities related to applicable performance standards while the mine is in <br /> temporary cessation. <br /> 8. Operator has demonstrated a commitment to conduct mining <br /> operations at the site by the end of the second period of Temporary Cessation. <br /> 9. The financial warranty is adequate to cover current reclamation. <br /> 10. The Division has identified no performance standard issues in the <br /> notice or through an inspection of the file for the site. <br /> 11. Division provided notice to all interested parties of Operator's notice, <br /> and no interested parties objected to or expressed concerns with the notice. <br /> CONCLUSIONS OF LAW <br /> 12. The Board has jurisdiction over this matter pursuant to the Land <br /> Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title <br /> 34, C.R.S. ("Act"). <br /> 13. Under section 34-32.5-103(l1)(b), C.R.S., an operator may temporarily <br /> cease production upon compliance with the notice requirements therein. Pursuant <br /> to section 34-32.5-103(l1)(c), C.R.S., an operator may be in temporary cessation of <br /> production of up to ten consecutive years. <br /> 14. Under Rule 1.13.1 and 1.13.5 of the Mineral Rules and Regulation of <br /> the Colorado Mined Land Reclamation Board for the Extraction of Construction <br /> Materials ("Rules"), a permit shall continue in effect as long as the mining operation <br /> is resumed within five years of the beginning of Temporary Cessation or the <br /> operator files a request for the extension of the period of Temporary Cessation and <br /> secures Board approval of such request. <br /> 15. Rule 1.13.5(3) requires a notice for a second period of Temporary <br /> Cessation to include, among other things, demonstration of continued commitment <br /> to conduct mining operations at the site by the end of the second five-year period. <br /> Operator indicates their commitment to conduct mining operations at the site <br /> within the next five-year period. <br /> 16. Operator complied with the requirements for a second period of <br /> Temporary Cessation as set forth in the Act and Rules. <br /> Holcim (US)Inc. <br /> M-2002 096 2 <br />
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