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2023-06-12_ENFORCEMENT - M1983159
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2023-06-12_ENFORCEMENT - M1983159
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Last modified
6/21/2023 9:48:23 AM
Creation date
6/12/2023 8:45:36 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1983159
IBM Index Class Name
Enforcement
Doc Date
6/12/2023
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
S & S Aggregates
Email Name
DMC
THM
CMM
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 THE REQUEST BY S&S AGGREGATE FOR A <br /> SECOND PERIOD OF TEMPORARY CESSATION, File No. M-1983-159 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") for <br /> consideration on April 18, 2023, to consider the request for a second period of <br /> Temporary Cessation filed by S&S Aggregate ("Operator"), file number M-1983-159 <br /> ("permit"). Dustin Czapla appeared on behalf of the Division of Reclamation, Mining <br /> and Safety ("Division").1 Vanessa Southerland appeared on behalf of 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 112(c) reclamation permit for a 39.81-acre sand and <br /> gravel site located in Montrose County, Township 45N, Range 14W, Section 15, loth <br /> Principal Meridian. <br /> 2. On June 23, 2022, the Division conducted an inspection of the site and <br /> found that the site's initial period of temporary cessation had ended on March 10, <br /> 2022 but Operator had not resumed mining or submitted a request for a second <br /> period of temporary cessation. The Division did not observe any other violations or <br /> problems, and the financial warranty is adequate. <br /> 3. On October 5, 2022, the Division received Operator's notice requesting <br /> a second period of Temporary Cessation for the site. <br /> 4. On October 7, 2022, the Division provided notice of the Operator's <br /> request to the Montrose County Commissioners. <br /> 5. Operator has committed to comply with all reclamation requirements <br /> or other activities related to applicable performance standards while the mine is in <br /> 1 The Division was advisory staff to the Board, not a party, in this proceeding. <br />
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