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2025-04-08_ENFORCEMENT - M2024006
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2025-04-08_ENFORCEMENT - M2024006
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Last modified
5/5/2025 8:46:09 AM
Creation date
4/8/2025 10:04:39 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2024006
IBM Index Class Name
Enforcement
Doc Date
4/8/2025
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Todd Bean - Ogilvy River Farm, LLC
Email Name
CMM
BFB
ZTT
Media Type
D
Archive
No
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this state or the United States, including but not limited to all <br /> federal, state, and local permits, license, and approvals, as <br /> applicable to the specific operation. <br /> (e) The mining operation will adversely affect the stability of any <br /> significant, valuable, and permanent manmade structures located <br /> within two hundred feet of the affected land; except that the permit <br /> shall not be denied on this basis where there is an agreement for <br /> compensation between the operator and the person having an <br /> interest in the structure that damage to the structure is to be <br /> compensated for by the operator or, where such an agreement <br /> cannot be reached, the applicant provides an appropriate <br /> engineering evaluation that demonstrates that such structures <br /> shall not be damaged by proposed construction materials <br /> excavation operations. <br /> (g) The proposed reclamation plan does not conform to the <br /> requirements of section 34-32.5-116. <br /> 27. Under section 34-32.5-115(4)(a), C.R.S., the Board or Division may <br /> deny a reclamation permit if the application is incomplete. Based on the record and <br /> testimony presented, Applicant has submitted a complete application and complied <br /> with the requirements of section 34-32.5-112, C.R.S. and Rule 1.6.2. There is no <br /> cause to deny the Application under section 34-32.5-115(4)(a). <br /> 28. Under section 34-32.5-115(4)(d), C.R.S., the Board or Division may <br /> deny a reclamation permit application if the proposed operation is contrary to <br /> Colorado or U.S. laws or regulations, including federal, state, and local permits, <br /> licenses, and approvals, as applicable to the specific operation. The Act does not <br /> require applicants to obtain all applicable permits, licenses, or approvals before the <br /> Board or Division approves a reclamation permit application. Applicant is aware of <br /> the requirement to obtain any required federal, state, and local permits or <br /> approvals before commencing mining operations at the site. There is no cause to <br /> deny the Application under section 34-32.5-115(4)(d), C.R.S. <br /> 29. Reclamation plans for mining sites must minimize disturbances to the <br /> prevailing hydrologic balance of the affected land and surrounding areas, and to the <br /> quality and quantity of water in surface water and groundwater systems. § 34-32.5- <br /> 116(4)(h), C.R.S.; Rule 3.1.6. In consideration of the Application, information from <br /> Applicant, and other information presented at the hearing, Applicant met its burden <br /> to prove compliance with section 34-32.5-116(4)(h), C.R.S. and Rule 3.1.6. <br /> Ogilvy River Farm, LLC. <br /> Ogilvy River Farm Pit/M-2024-006 6 <br />
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