_REVISION - M1981302 (107) - Laserfiche WebLink

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CONCLUSIONS OF LAW 1. According to § 34-32.5-112(7)(a), C.R.S. (1995), the Board's authority to review an application for amendment of a reclamation permit is the same as its authority to review an application for a new reclamation permit and is set forth in § 34-32.5-115(4), C.R.S. (1995). 2. In this case, the Board's inquiry is defined by § 34-32.5-115(4)(g), C.R.S. (1995), and the Board may deny the application only if it does not conform to the requirements of§ 34-32.5- 116, C.R.S. (1995 and 1996 Supp.). 3. The requirements of§ 34-32.5-116(4)(f), (g) and (h), C.R.S. (1995) have been at issue in these proceedings. The sufficiency of proposed Amendment 002 with regard to these requirements has been demonstrated. 4. Because proposed Amendment 002 conforms to the requirements of§ 34-32.5- 116(4)(f), (g) and(h), C.R.S. (1995), the Board has no grounds upon which to deny the application. ORDEB Amendment 002 proposed by Western Mobile is hereby APPROVED, but approval is contingent upon the requirement that the following paragraphs be added to and made part of its terms, duties and obligations: A. Approval of Amendment 002 does not include any changes to the perimeter berm configuration from that approved and depicted on the 1989 Amendment 001 Reclamation Plan maps; and B. The Operator shall replace a minimum of 5.5 inches of topsoil on all reclaimed lands within the permit area. Further,the Operator shall provide a soil testing plan that would verify the replaced plant-growth media's ability to support the plant species to be established in reclamation. The soil sampling plan must be provided in the form of a revision to the permit and must be received by the Division of Minerals and Geology no later than 45 days after final action by the Mined Land Reclamation Board on Amendment 002 and approved no later than 45 days after initial submittal. If the time for approval is not met, then the matter shall 3