Laserfiche WebLink
Based on the foregoing findings of fact and conclusions of law, the Board AFFIRMS the <br />Division's April 13, 2009 approval of the Operator's 112c permit amendment application. The <br />Board further ACCEPTS the financial warranty submitted by the Operator in the amount of <br />$11,701.70. I <br />DONE AND ORDERED this j Z day of V an (tilt I^ 2013. <br />FOR THE COLORADO MINED LAND <br />RECLAMA N BOARD <br />CONCLUSIONS OF LAW <br />9. The Board has jurisdiction over this matter pursuant to the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. <br />(2012) ( "Act ") <br />10. Rule 4.1(2) of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials ( "Rules ") requires that if financial <br />warranty is not received within one year of approval of an permit amendment application, then the <br />Board shall hold a hearing to reconsider the approval and, if the Board affirms the approval, a new <br />deadline will be established. If the required warranties are not posted by the date set by the Board, <br />the application is subject to denial. The Operator failed to post the required financial warranty <br />within one year of approval of the amendment application. However, the Operator posted the <br />required financial warranty after the deadline. <br />11. The Operator is in compliance with the notice requirements of Rule 1.6. <br />Donald R. Hart <br />Mott Gravel Pit, M- 1980 -049 <br />ORDER <br />Catherine Krae_er- <br />NOTICE OF APPEAL RIGHTS <br />vey, Chair <br />This order becomes effective and final upon mailing. Any party adversely affected or aggrieved <br />by agency action may commence an action for judicial review by filing a notice of appeal with <br />the district court within thirty (30) days after the effective date of this order, pursuant to section <br />24 -4 -106, C.R.S. (2012). In the event that an appeal is filed, designations of record made in <br />accordance with section 24- 4- 106(6), C.R.S. should be served on the Board at: 1313 Sherman <br />Street, Room 215, Denver, CO 80203, Attention: Sitira Pope. <br />2 <br />