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with its engineering/water experts to develop full and complete responses to <br /> several of Division's adequacy concerns regarding pump testing. <br /> CMC has also worked with Division and the BLM in July 2019 to ascertain <br /> that BLM has no concerns about pump testing or drawdown activity on <br /> private lands not affecting federal property, or BLM permitting concerns on <br /> federal lands. <br /> On July 17, 2019, Division provided CMC with a letter offering guidance as to <br /> the list of deadlines provided at the June 26, 2019 hearing, and the more <br /> specific requirements of Division in meeting those deadlines. <br /> CMC's response is not overdue, and therefore not out of compliance with the <br /> Board's Order. <br /> 3. CMC has complied with Hard Rock Rule 2.9.1 (2). The original <br /> proposal by Division for a maximum civil penalty for the period from May 21 <br /> to June 26, 2019 was made without awareness by the Board that Division <br /> had committed to remove this matter from the enforcement calendar if a <br /> request by CMC was made for extension by June 6, 2019, which it did. Had <br /> this matter been removed from the enforcement calendar, the matter before the <br /> Board would have been CMC's request for a 30-day extension, which would <br /> not involve the assessment of civil penalties. <br /> 4. The civil penalty proposed at the hearing was for non- <br /> compliance with the Board's prior Order, and a proposal for maximum <br /> penalties infers a willful non-compliance. <br /> 5. In reality, CMC continued to work on its 4th Adequacy Response <br /> on the written understanding that if it filed a request for extension prior to <br /> June 6 (it did, on June 5) there would be no enforcement hearing. That 4th <br /> Adequacy Response was ultimately filed on June 24, 2019, prior to the <br /> hearing. Division had issued its 4th Adequacy Letter on May 21, 2019, the <br /> deadline date. <br /> 6. As noted carefully in the Motion, rather than remove the matter <br /> from the enforcement calendar, Division, on June 12, denied the AM-1 <br /> request, and stopped processing the application entirely. <br /> 7. Division had issued its 4th Adequacy Response letter on May 21, <br /> 2019, the deadline originally approved by the Board for obtaining Division's <br /> approval. Put simply, since Division still had concerns with the adequacy of <br /> the AM-1 submittals by CMC, the issuance by Division ipso facto made <br /> compliance with the Board's Order (to have Division approval by May 21, <br /> 2 <br />