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6. Operator submitted the fee to the Division on November 1, 2017, and <br />the notice was deemed complete by the Division on November 8, 2017. <br />7. Notice for TC -2 was sent to Moffat County on November 8, 2017. <br />8. Board notice for TC -2 was posted on November 28, 2017. <br />9. No objections from any parties were received. <br />10. The Division conducted a normal monitoring inspection of the site on <br />November 21, 2017. Graham Roberts attended the inspection on behalf of the <br />Operator. During the inspection, the Division observed, among other things, <br />adequate mine signage and boundary delineation; substantial reclamation has <br />already been conducted on the site; and that the site has been well maintained <br />despite the inactivity. The Division found no problems or violations at the site <br />during the inspection. <br />11. The Division holds a financial warranty for the site in the amount of <br />$123,400. The financial warranty is adequate to reclaim the site. <br />12. Operator has submitted all annual reports and fees, and quarterly <br />hydrologic reports. <br />13. Operator is spraying and managing noxious weeds on-site. <br />14. The permit file for the site does not contain any complaints against the <br />operator. <br />15. At the hearing, Mr. Luke testified on behalf of Operator that the <br />purpose of TC -2 is not to avoid or delay reclamation, but rather to allow the use of <br />alternate sources of aggregate closer to the roadbeds requiring them. <br />16. The Division supports Operator's request for TC -2. <br />CONCLUSIONS OF LAW <br />17. The Board has jurisdiction over this matter pursuant to the Land <br />Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title <br />34, C.R.S. ("Act"). <br />18. Under section 34-32.5-103(11)(b), C.R.S., an operator may temporarily <br />cease production upon compliance with the notice requirements therein. Pursuant <br />to section 34-32.5-103(11)(c), C.R.S., an operator may be in temporary cessation of <br />production of up to ten years. <br />Williams Fork Mining Company <br />M-1984-168 2 <br />