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5. On April 23, 2019, the Division sent Operator a notice of <br /> incompleteness indicating that the application needed to be resubmitted before the <br /> notice for the TC-2 would be considered complete. <br /> 6. Operator resubmitted the application to the Division on April 30, 2019, <br /> and the notice was deemed complete by the Division on April 30, 2019. <br /> 7. Notice for TC-2 was sent to Fremont County on May 29, 2019. <br /> 8. Board notice for TC-2 was posted on June 25, 2019. <br /> 9. No objections from any parties were received. <br /> 10. The financial warranty is adequate to reclaim the site. <br /> 11. Operator has submitted all annual reports and fees. <br /> 12. Operator is spraying and managing noxious weeds on-site. <br /> 13. The permit file for the site does not reflect any complaints against the <br /> Operator. <br /> 14. At the hearing, Jodi Schreiber testified on behalf of the Operator that <br /> the purpose of the TC-2 is not to avoid or delay reclamation, and that the Operator <br /> was committed to keeping the noxious weeds in control. <br /> 15. The Division supports Operator's request for TC-2. <br /> CONCLUSIONS OF LAW <br /> 16. 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 /> 17. 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 /> 18. Under Rule 1.13.1 and 1.13.5 of the Mineral Rules and Regulation of <br /> the Colorado Mined Land Reclamation Board for the Extraction of Construction <br /> Materials ("Rules"), a permit shall continue in effect as long as the mining operation <br /> is resumed within five years of the beginning of Temporary Cessation or the <br /> Fremont Paving & Redi-Mix, Inc. <br /> M-2000-151 2 <br />