Laserfiche WebLink
Notice requirements of Construction Rule 1.6. The Division did not receive any comments <br />in response to the public notice. <br />6. The Operator has since submitted the financial warranty in the form of a cash <br />bond in the amount of $16,946 to the Division. The Division reviewed the warranty <br />documentation and found it acceptable. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 <br />through 107, of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, § 34-32-101-125, C.R.S. (2008) (the "Act"). <br />8. Section 34-32.5-109, C.R.S., requires an operator to obtain a reclamation <br />permit prior to engaging in a new mining operation. <br />9. Section 34-32.5-117, C.R.S., states in part that no permit may be issued until <br />the Division receives the performance and financial warranties as described in subsections <br />(2), (3), and (4). Also, Construction Rule 4.1(2) further states "[i]f these warranties are not <br />received within one calendar year of approval of an application for any new permit ... the <br />Board shall hold a hearing ... to reconsider the previous approval." The rule directs the <br />Board to set a new deadline for submitting the financial warranties if the Board "affirms the <br />original application approval". Here, no deadline is necessary because the Operator has <br />already submitted the financial warranty. <br />10. The Board finds that the permit application is adequate and affirms the original <br />permit application. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />orders that the original approval of the permit application for the Sheehan Pit site is affirmed. <br />Y <br />DONE AND ORDERED this day of , 2009. <br />FOR THE COLOR <br />J & D Sand and Gravel <br />Sheehan Pit <br />Reconsideration of Permit Approval <br />M-2007-058 <br />2