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set your request for consideration by the Board, most likely the June 26th <br /> meeting". <br /> 3. Based on the e-mail, CMC believed that Division would support the <br /> request, as the 41h Adequacy Letter had been sent only that day. <br /> 4. The 41h Adequacy Letter also noted the need for an extension: <br /> ...[T]he decision date of May 21, 2019 was set by the Board Order mailed on <br /> March 7, 2019. Therefore, if you are unable to address all remaining <br /> adequacy items by this date [the same date as the 4th Adequacy Letter an <br /> extension request must be submitted to our office. Such a request would need <br /> to be scheduled for consideration by the Mined Land Reclamation Board at <br /> an upcoming meeting. <br /> 5. On May 29, 2019, Division stated in an e-mail to CMC: <br /> If you submit an extension request for AM-1 by close of business next <br /> Thursday, June 6, 2019, we could revise the Board agenda for this matter <br /> to consider your extension request rather than failure to comply with a <br /> Board Order (emphasis added). <br /> 6. CMC, believing that Division supported the extension, and, that the <br /> violation matter would be removed from the agenda, submitted its extension <br /> request in timely fashion on June 5, 2019, before the June 6 deadline proposed for <br /> amendment of the Board agenda by Division. CMC timely did exactly what Division <br /> requested it do. <br /> 7. Division would certainly have been aware of the impossibility of CMC <br /> responding to the extensive 4th Adequacy Letter on the same day it was issued; its <br /> written suggestion of and support for an extension was logical, and CMC was <br /> justified in relying on it. <br /> 8. On the same date as the extension request was filed by CMC, CMC <br /> received a letter from Division indicating that the "handful" of remaining issues <br /> could be resolved quickly if CMC could make certain technical commitments. <br /> 9. On June 12, 2019, Division denied the permit amendment, and stopped all <br /> processing of the AM-1 application. CMC was surprised by this action given the 3, <br /> earlier communications from Division. <br /> 10. At the hearing on June 26, 2019, the civil penalties were assessed, but the <br /> Board stayed the denial of AM-1, and granted CMC an additional 90 days to <br /> complete the AM-1 process. Processing has since resumed. In essence, CMC <br /> 2 <br />