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13. On December 21, 2018 the Division sent Operator a second adequacy <br />review letter. <br />14. Operator requested a five-day extension of the AM -1 decision date, to <br />January 4, 2019 and subsequently submitted response to the Divisions second adequacy <br />review letter on that day. <br />15. On January 5, 2019 Operator requested a 90 -day extension of the decision <br />date for AM -1. <br />16. Because outstanding adequacy issues remained for AM -1 beyond 365 days <br />from January 4, 2018, the date AM -1 was filed for review, the Division set AM -1 for a <br />hearing before the Board, in accordance with Rule 1.4.1(9) of the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board (the "Rules"). <br />17. The Division sent Operator and all interested parties a notice of Formal <br />Board Hearing for consideration of Operator's extension request on January 7, 2019. <br />18. On January 14, 2019, the Division sent Operator a third adequacy review <br />letter for AM -1. <br />19. The Division does not oppose Operator's request to extend the deadline. <br />20. At the Board's February 20, 2019 hearing, no objections to the request to <br />extend the decision deadline for AM -1 were made. <br />CONCLUSIONS OF LAW <br />21. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act'). <br />22. Under Rule 1.4.1(9), an applicant, including for an amendment to a permit, <br />may request an extension of time for the Division to review the application to allow the <br />applicant an opportunity to provide information necessary to meet the adequacy <br />requirements of the Division, not to exceed 365 days from the date the application was <br />filed. If adequacy issues remain after 365 days and there have been timely filed <br />objections, the Division may issue a rationale recommending approval or denial of the <br />application and shall set the matter for a Board hearing. At the hearing, the Board may, <br />extend the review time and decision date at the request of the applicant, deny the <br />application, or approve the application with or without conditions. !d. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board orders <br />as follows: <br />Colorado Milling Company, LLC <br />Gold Hill Mill I M-1994-117 3 <br />