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4. The Division received a 112 Hard Rock Reclamation Permit application <br /> from Operator on March 9, 2017 ("Application"). The decision date for the Application is <br /> June 26, 2017. <br /> 5. On April 26, 2017, the Division received a letter from Ben Langenfeld, on <br /> behalf of Operator. It its April 26, 2017 letter, Operator requested "Division permission <br /> to maintain said ponds located outside of the approved 110 permit area." <br /> 6. By letter dated May 5, 2017, the Division denied Operator's request to <br /> utilize settling ponds located outside of the approved 110 permit area. <br /> 7. On May 5, 2017, the Division received a letter from Mr. Langenfeld, on <br /> behalf of Operator, appealing the Division's May 5, 2017 decision and requesting a <br /> hearing before the Board. <br /> 8. The settling ponds which Operator seeks to maintain and utilize are <br /> located outside the approved 110 permit boundary. <br /> 9. As of the May 24, 2017 Board meeting, the Application was not approved. <br /> CONCLUSIONS OF LAW <br /> 10. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2016). <br /> 11. The settling ponds located outside the 110 permit boundary meet the <br /> definition of"affected lands," as set forth in section 34-32.5-103(1), C.R.S. <br /> 12. Use and maintenance of the settling ponds located outside the 110 permit <br /> boundary by Operator would constitute a violation of the February 2017 Order and the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials (Article 32.5 <br /> of Title 34, C.R.S.). <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board hereby <br /> AFFIRMS the Division's denial of Operator's request to maintain and utilize settling <br /> ponds located outside of the approved 110 permit area at the site. <br /> DONE AND ORDERED this _a(d day of 2017. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> High Speed Mining, LLC <br /> Katuska PiVM-1991-037 <br /> MV-2017-001 2 <br />