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CONCLUSIONS OF LAW <br /> S. The Board has jurisdiction over this matter pursuant to the Mined Land <br /> Reclamation Act, Article 32 of Title 34, C.R.S. (2013) ("Act"). <br /> 9. Under Rule 4.1(2) of the Mineral Rules and Regulations of the <br /> Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated <br /> Mining Operations ("Rules"), if financial warranties and performance warranties <br /> are not received within one calendar year of approval of an application for a new <br /> permit, the Board must hold a hearing to reconsider the previous approval. The <br /> Applicant failed to post adequate financial warranty within one year of the <br /> Division's approval of the Application. <br /> 10. The Applicant re-notified the permit application in accordance with <br /> Rule 1.6. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby AFFIRMS the Division's approval of the Application. <br /> DONE AND ORDERED this day of _ 2014. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION W,-AAD <br /> Forrest Luke, Chair <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or <br /> aggrieved by agency action may commence an action for judicial review by filing a <br /> notice of appeal with the district court within thirty (30) days after the effective date of <br /> this order, pursuant to section 24-4-106, C.R.S. (2013). In the event that an appeal is <br /> filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should <br /> be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br /> Attention: Johnie Abad. <br /> Shale Tech International Services, LLC <br /> Duck Creek Mine, M-2013-022 2 <br />