Laserfiche WebLink
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 RECONSIDERATION OF THE APPROVAL OF A 110(c) APPLICATION FOR <br />DLAMOND B ENTERPRISES, LLC, FII.E NO. M-2000-047. <br />THIS MATTER came before the Mined Land Reclamation Boazd on Apri124, 2002 at Denver, <br />Colorado for hearing to reconsider the approval of the Division of Minerals and Geology (Division) for the <br />110(c) pemut application of Diamond B Enterprises, LLC, in accordance with Construction Materials Rule <br />4.1(2). Anthony Blasi appeazed on behalf of the Applicant. James Stevens appeazed on behalf of the Division. <br />The Boazd, having considered the position of the Division, and having been otherwise fully informed in the <br />premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />The Applicant applied fora 110(c) reclamation permit fora 9.9 acre sand and gravel thine, known as the <br />Diamond Rock Pit located in Section 4, T30S, R67W, Huerfano County, Colorado. <br />2. The Division approved this application on December 29, 2000. The Division has never received a <br />financial warranty for this application. <br />3. The Applicant applied for a permit at this site to establish a source of material for an oIl company. <br />Subsequent to the application, the oil company was forced to close its business. Anew organization has <br />expressed an interest in this material, so the Applicant intends to post a financial warranty and operate <br />the mine. <br />4. Construction Materials Rule 4.1(2) provides that if a permit applicant fails to submit the required <br />financial wazranty within one calendaz yeaz of approval of the application, the Boazd shall hold a <br />hearing to reconsider the Division's approval. <br />5. The Applicant did not submit a financial warranty within one calendaz yeaz of the application's initial <br />approval. However, the Applicant intends to proceed with the proposed mining operation. Since the <br />Applicant has not posted a fmancial warranty, the Boazd cannot approve the permit. <br />