PERMFILE114260

• Permit No: M1976056
• IBM Index Class Name: Permit File
• Doc Date: 2/28/1977
• Doc Name: STIPULATION AND AGREEMENT APPLICABLE TO OPE MINING LIFE OF THE MINE PN 76-56 ISSUED ON FEB 23 1977 T
• Media Type: D
• Archive: No

FEB 2 3 1977
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1. Recitations
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STIPULATION AND AGREEPIENT APPLICABLE TO
OPEN PtINING LIFE OF THE 1~fINE PERMIT N0.
76-56 ISSUED ON FEBRUARY 23, 1977 TO
STERLING READY MIX CONCRETE CO.
A. STERLING READY MIX CONCRETE CO. filed an application with the Colorado
Mined Land Reclamation Board ("the Board") for an open mining permit
on December 17, 1976.
B. On July 26, 1976, the Board decided not to adopt Emergency Rule:: and
Regulations for the 1976 Act, but to proceed to prepare, adopt, and
promulgate permanent rules and regulations. These rules and regulations
have not yet been adopted.
C. The Board approved the processing of applications provided that any permit
issued in connection with such applications would be expressly :subject
to the terms of a stipulation such as that embodied herein.
D. On February 22, 1977, the Board held an evidentiary hearing wit} respect to
STERLING READY MIX CONCRETE C0.'s application, and on the same clay, the
Board approved the issuance of an open mining permit to STEP.LINC~ READY MIX
CONCRETE CO., said permit to be subject to the terms of this Stipulation
and Agreement.
2. Agreements
STERLING READY MIX CONCRETE CO. agrees to comply with all rules and regulations to
be adopted as regulations by the "fined Land Reclamation Board pursuant to its
authority under Article 32 of Title 34, C.R.S. 1973, as amended (1976 Sess. Laws
H. B. 1065) which are not declared invalid, inapplicable, or unenforceable by
statutory or court action, as soon as possible, but not later than i80 days after
the effective date of such regulations. Pending the adoption of such rules and
regulations, STERLING READY PfIX CONCRETE CO. agrees to be bound by :ill of the
provisions of the 1976 Mined Land Reclamation Board previously adop!:ed under
the Colorado Open Mining Land Reclamation Act of 1973. Furthermore., once the
rules and regulations are adopted by the Board, STERLING READY MIX (:ONCRETE CO.
agrees that all documents it submits to comply with such rules and regulations
will be subject to full public review and that full opportunity wit=_ be given
far a hearing before the Board on the adequacy of the documents, if requested
in writing by members of the public. At such a hearing, the Board may reconsider
further conditions to this permit, to wit:
During the course of mining operations, STERLING READY MIX CONCRETE CO. shall
not allow the total disturbed acreage to exceed the following limit.3tions:
Major Disturbance 5 acres
Poderate Disturbance 3 acres
Minor Disturbance 2 acres
For purposes of this condition, major disturbance, moderate disturbance, and
minor disturbance are defined as follows:
Major Disturbance - that area of a mining operation which includes excavations,
overburden spoils, and topsoil stockpiles.
Moderate Disturbance - that area of a mining operation which is a result of
backfilling of the open cut, the leveling of overburden spoils, tine smooch
grading and the distribution of topsoil or other suitable, approved plant growth
medium.
Minor Disturbance - that area of a mining operation which is undergoing pre-
paration immediately prior to planting, or seeding, is being planted or seeded,
or has been planted or seeded but will not be released from bond until there
has been full completion of all reclamation requirements as set forth in the permit.
Dated this 23rd day of February, 1977
MINED LAND RECLAMATION BOARD
By ~ ~.
1
STERLING READY MIX C0:9CRETE CO.
By ~ ,~„( c