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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />ORDER <br />IN THE MATTER OF KIOWA COUNTY'S REQUEST FOR EXTENSION OF TIME TO <br />COMPLETE BOARD ORDERED COMPLIANCE FOR MV-2009-037, File No. M-1991- <br />078 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />June 9, 2010 in Denver, Colorado as a consent agenda item to consider a request from Kiowa <br />County (the "Operator") for an extension of time to complete the Board ordered corrective <br />actions for MV-2009-037. The file number is M-1991-078. There were no appearances on <br />behalf of the Operator. Jared Ebert appeared on behalf of the Division of Reclamation, <br />Mining and Safety (the "Division"). <br />The Board, having considered the materials presented with this consent agenda item <br />and having been otherwise fully informed of the facts, enters the following: <br />FINDINGS <br />1. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (the "Act"). <br />2. The Operator has a Section 110c permit for a 9.6-acre gravel operation located <br />in Section 25 Southeast 1/4, Township 20 South, Range 55 West, 6th Principal Meridian, in <br />Crowley County, Colorado, permit number M-1991-078. The site is known as the Peters Pit <br />and is located about eleven miles northeast of Sugar City. <br />3. The Board originally heard this matter at its December 9, 2009 meeting. The <br />Board found the Operator in violation of § 34-32.5-116(4)(1), C.R.S- for failing to protect <br />areas outside of the affected land from slides or damages occurring during the mining <br />operation, MV-2009-037. <br />4. - The Board issued an Order in January 2010, which required the Operator to <br />submit a conversion application to increase the permit area to encompass the entire area of <br />the affected land within 90 days of the Board Order's signature date. The conversion <br />application was due April 7, 2010. <br />5. The Operator requested an extension of the corrective action due date at the <br />March 10, 2010 Board meeting. The Board granted the Operator's request and extended the <br />corrective action due date to June 7, 2010. <br />Kiowa County <br />Order Granting Extension of Time <br />Peters Pit, File No. M-1991-078, MW-2009-037