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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
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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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temporary cessation, including weed control and maintaining signs, markers, and <br /> safety controls on site. <br /> 6. Operator has demonstrated a commitment to conduct mining <br /> operations at the site by the end of the second period of Temporary Cessation. <br /> 7. The financial warranty is adequate to cover current reclamation. <br /> 8. The Division has identified no performance standard issues in the <br /> notice or through an inspection of the file for the site. <br /> CONCLUSIONS OF LAW <br /> 9. 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 /> 10. Under section 34-32.5-103(11)(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(11)(c), C.R.S., an operator may be in temporary cessation of <br /> production up to ten consecutive years. <br /> 11. 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 /> 12. 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 its commitment to conduct mining operations at the site within <br /> the next five-year period. <br /> 13. Operator complied with the requirements for a second period of <br /> Temporary Cessation as set forth in the Act and Rules. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, hereby <br /> GRANTS the request of S&S Aggregate for a second period of temporary cessation. <br /> The second period of Temporary Cessation began on March 10, 2022 and will <br /> continue for 5 years. <br /> S&S Aggregate, Gleason Pit <br /> M-1983-159 2 <br />
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