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14. On March 16, 2015, the Division received a signed written performance <br />warranty from the Operator. <br />CONCLUSIONS OF LAW <br />15. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reciamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2014). <br />16. Under Rule 4.1(2), a permit may not be issued until the Board or <br />Division receives and approves the required performance and financial warranties. <br />If such warranties are not received within a calendar year of approval of an <br />application, Rule 4.1 requires the Board to hold a hearing to reconsider the previous <br />approval and, if the Board affirms'the original application approval, the Board shall <br />establish a new deadline for submittal of the financial and performance warranties. <br />The Operator complied with the December 2014 Order and submitted the required <br />financial and performance warranties. Therefore, the Board is authorized, under <br />Rule 4.1(2), to affirm the Division's approval of Application CN -01. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />AFFIRMS the Division's approval of Application CN -01. <br />DONE AND ORDERED this. day of April 20115. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />I <br />-I 4v�VL� <br />JAI H. Van Noord,'Chair <br />NOTICE OF JUDICIAL REVIEW RIGHTS <br />This order becomes effective and final upon mailing. Any! party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint with the district court within thirty -five (35) .days after the effective <br />date of this order, pursuant to section 24 -4 -106, C.R.S. (2014) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />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 />Holyoke Gun Club <br />M- 1977 -075 3 <br />