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17. The proposed reclamation plan and map in the Application show adequate <br /> area on-site to accommodate the volume of waste rock projected to be produced during <br /> mining operations. Further,Applicant committed to grading final slopes no steeper <br /> than 3H:1V. Slopes that are no steeper than 3H:1V are considered stable. <br /> 18. On March 5,2015,the Division issued its written recommendation to the <br /> Board to approve the Application over objections. <br /> 19. On March 26, 2015,the Division sent Applicant a letter notifying Respondent <br /> that the financial warranty set for the operation is$89,950.00. <br /> 20. On December 1, 2015,the Division sent Applicant a letter notifying <br /> Respondent that it had not posted the required financial warranty for the site. <br /> 21. On Larch 31,2016,the Division sent Applicant a Notice of Reconsideration <br /> of Approval letter notifying Applicant that the Division has not submitted financial and <br /> performance warranties,and that failure to post the financial warranty within one calendar <br /> year from the date the Application will require a hearing before the Board to reconsider the <br /> Application approval. <br /> 22. On July 6, 2016, the Division received proof that Applicant made public <br /> notice in accordance with Rules 1.6 and 4.1(2). <br /> 23. On July 12, 2016,the Division received a letter of objection from Greg B. <br /> Arehart, Ph.D. ("Dr.Arehart"). <br /> 24. On July 28, 2016,the Division received a letter from Applicant in response to <br /> the objection letter from Dr.Arehart. <br /> 25. On August 25, 201b,the Division Issued a Notice of Public Hearing,notifying <br /> Applicant and Dr.Arehart that the Board will convene a hearing for reconsideration of the <br /> Application approval on September 28-29, 2016. <br /> CONCLUSIONS OF LAW <br /> 26. The Board has jurisdiction over Applicant and this matter pursuant to the <br /> Act. <br /> 27. Under the Act and Rules,a permit may not be issued until the Board receives <br /> and approves performance and financial warranties. If an applicant fails to submit these <br /> warranties within one calendar year from the approval,the Board shall hold a hearing to <br /> reconsider the approval. C.R.S. § 34-32-117(1); Rule 4.1(2). If, at such hearing,the Board <br /> affirms the original application approval,the Board shall establish a new deadline for <br /> submittal of the performance and financial warranties. Applicant failed to submit the <br /> required-financial warranty with-in one year Df the Board's approval Df the Application. <br /> Magzuma Minerals,LLC <br /> Magzuma Minerals Mine/M-2014-065 4 <br />