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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 THE REQUEST BY ROWE GRAVEL FOR A <br /> SECOND PERIOD OF TEMPORARY CESSATION, File No. M-1999-038 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") for <br /> consideration on January 18, 2023, via videoconference to consider the request for a <br /> second period of Temporary Cessation filed by Rowe Gravel ("Operator"), file number <br /> M-1999-038 ("permit"). Dustin Czapla appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division").1 There was no appearance on behalf of <br /> Operator. <br /> The Board, having considered the materials and testimony presented with <br /> this matter and having been otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. Operator holds a 110(c) construction material limited impact <br /> reclamation permit for a sand and gravel site located in La Plata County, Township <br /> 33N, Range 12W, Section 16, loth Principal Meridian. <br /> 2. On October 12, 2022, the Division received Operator's notice <br /> requesting a second period of Temporary Cessation for the site. <br /> 3. The Division conducted an inspection of the site on August 16, 2022 <br /> and found that the site's initial period of temporary cessation had ended on <br /> November 28, 2021 but Operator had not resumed mining or submitted a request <br /> for a second period of temporary cessation. The Division did not observe any other <br /> violations or problems, and the financial warranty is adequate. <br /> 4. 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, including weed control and maintaining signs, markers, and <br /> safety controls on site. <br /> 1 The Division was advisory staff to the Board, not a party, in this proceeding. <br />