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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
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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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30. Reclamation plans must also comply with other provisions of section 34- <br /> 32.5-116(4), C.R.S., including, among other things, appropriate grading of reclaimed <br /> slopes, proper topsoil management, adequate revegetation that is compatible with the <br /> post-mining use. Here, Applicant has complied with the requirements of sections 34- <br /> 32.5-112 and 34-32.5-116(4) regarding reclamation and Rules 3.1. and 6.4.5. There is <br /> no cause to deny the Application under section 34-32.5-115(4)(c) or (g), C.R.S. <br /> 31. The Applicant has also complied with Rules 3.1.8 and 6.4.8's <br /> requirements regarding wildlife. Based on the Application and evidence presented, <br /> the Application adequately takes into account the safety and protection of wildlife <br /> at the proposed site. Because it complies with Rules 3.1.8 and 6.4.8, wildlife issues <br /> are not cause to deny the Application under section 34-32.5-115(4)(c), C.R.S. <br /> 32. Under section 34-32.5-115(4)(e), C.R.S. and Rule 6.4.19, the Board may <br /> deny an application if the mining operation will adversely affect the stability of any <br /> significant, valuable, and permanent manmade structure unless there is an <br /> agreement providing for compensation to the owner if the structure is damaged or, if <br /> no agreement is reached, the operator provides an engineering evaluation <br /> demonstrating that the structures will not be damaged by the mining operation. In <br /> consideration of the Application, information from Applicant, and other information <br /> presented at the hearing, Applicant has complied with these provisions. There is no <br /> cause to deny the Application under section 34-32.5-115(4)(e), C.R.S. <br /> 33. Under the Act, the Division and the Board shall grant a permit to an <br /> applicant who complies with section 34-32.5-115(4), C.R.S. The Application <br /> complies with section 34-32.5-115(4), C.R.S. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby approves the Application over objection. <br /> DONE AND ORDERED this 7th day of April 2025. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jill Nelson, air <br /> Ogilvy River Farm, LLC. <br /> Ogilvy River Farm Pit/M-2024-006 7 <br />
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