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2023-03-07_ENFORCEMENT - M2021067
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2023-03-07_ENFORCEMENT - M2021067
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Last modified
3/14/2023 9:47:51 AM
Creation date
3/7/2023 8:55:08 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2021067
IBM Index Class Name
Enforcement
Doc Date
3/7/2023
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Asphalt Specialties, CO.
Email Name
CMM
MAC
ECS
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF REQUEST FOR EXTENSION FOR CONSIDERATION OF <br /> THE PERMIT APPLICATION OF ASPHALT SPECIALTIES CO., File No. M- <br /> 2021-067 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 14, 2022, via video conference as a consent agenda item for a request for <br /> an extension of the deadline for consideration of the permit conversion amendment <br /> filed by Asphalt Specialties Co. ("Applicant"), file number M-2021-067. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and being otherwise fully informed of the facts in the matter, enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. Applicant filed a 112(c) permit application for a 158-acre sand and <br /> gravel operation located in Sections 35 and 36, Township 5 North, Range 66 West, <br /> 6th P.M., in Weld County. <br /> 2. The 365-day review period expired on December 13, 2022. <br /> 3. Applicant has requested a 90-day extension beyond December 13, 2022 <br /> to March 13, 2023 to allow it to provide the Division with additional information <br /> regarding the remaining adequacy issues. <br /> 4. The Division does not oppose Operator's request for an extension. <br /> CONCLUSIONS OF LAW <br /> 5. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2021). <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> GRANTS Applicant's request to extend the review period for another 90 days to <br /> March 13, 2023. <br /> DONE AND ORDERED this 6 day of March 2023. <br />
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