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analysis, that permanent man-made structures within 200 feet of the affected area <br />would not be damaged by activities occurring at the mine site. <br />4. On October 6, 2017, the Division received a request for extension of the <br />365 -day decision deadline to October 31, 2017. <br />5. On October 13, 2017, the Division issued a letter to Applicant, stating <br />that the Division denied the Application, that the Division is not authorized to <br />approve extension requests beyond the 365th day after the Application was filed, and <br />that the Application will be considered by the Board. <br />6. At the hearing, Bill Schenderlein testified on behalf of the Applicant. <br />Mr. Schenderlein stated that Applicant requests that the Board extend the decision <br />deadline, that Applicant is moving forward to address the Division's adequacy <br />issues, and that Applicant would conduct fin engineering study at the site. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. <br />S. Rule 1.4.1(9) of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials <br />("Rules") provides: "If, at the end of the 365 day period, the application has <br />outstanding adequacy issues, the Office may set the matter for a Board hearing.' - <br />The Application had outstanding adequacy- issues as of September 29, 2017. A <br />Board hearing on the Application was appropriate. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby REVERSES the Division's decision to deny the Application and orders <br />Applicant to address the outstanding adequacy- issues to the satisfaction of the <br />Division. <br />DONE AND ORDERED this day- of - � Mkt -y <br />L. <br />201,7. <br />FOR THE COLORADO MINED LAND <br />RECL-AA {ION_BOARD <br />Forrest Luke, Chair <br />Aggregate Industries — WCR, Inc. <br />IrwinlThoinas Mine 1III-2016-05.1 <br />