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14. Because outstanding adequacy issues remained for AM-1 beyond 365 <br /> days from January 4, 2018, the date AM-1 was filed for review, the Division set AM-1 <br /> for a hearing before the Board at its February 20, 2019 meeting, in accordance with <br /> Rule 1.4.1(9) of the Mineral Rules and Regulations of the Colorado Mined Land <br /> Reclamation Board (the "Rules"). <br /> 15. On January 14, 2019, the Division sent Operator a third adequacy <br /> review letter for AM-1. <br /> 16. At the Board's February 20, 2019 hearing, no objections to the request <br /> to extend the decision deadline for AM-1 were made, and the Board issued an Order, <br /> effective March 7, 2019 (the "March 2019 Order"), extending the deadline for AM-1 to <br /> May 21, 2019 and ordering Operator to "submit all materials for AM-1 in an <br /> approvable form no later than one week prior to the decision date, by May 14, 2019, to <br /> allow the Division sufficient time to review the materials and calculate the required <br /> financial warranty." <br /> 17. On March 29, 2019, the Division sent Operator notice that the hearing <br /> on whether it had failed to comply with the conditions of the Board's October 2017 <br /> Order had been moved to the Board's June 26, 2019 meeting. <br /> 18. Operator submitted its response to the Division's third adequacy review <br /> letter on May 17, 2019, three days after the deadline set in the Board's March 2019 <br /> Order. <br /> 19. On May 21, 2019, the deadline for Operator to obtain approval of AM-1, <br /> Operator had not resolved the remaining adequacy issues, and the Division sent its <br /> fourth adequacy review letter for AM-1. <br /> 20. On June 5, 2019, the Operator requested a thirty-day extension of the <br /> AM-1 decision deadline. <br /> 21. The Division denied AM-1 on June 12, 2019 and notified Operator and <br /> all parties and interested parties through a letter sent that day. <br /> 22. At the Board's June 26, 2019 hearing, the Division presented testimony <br /> regarding the timeline of its review of AM-1. Though the adequacy review process <br /> had narrowed the remaining issues since AM-1 was filed, the remaining adequacy <br /> issues regarding the bulkhead were part of the first adequacy review and had not <br /> been addressed to the Division's satisfaction by the May 21, 2019 deadline. The <br /> Division presented testimony that the remaining adequacy issues were important <br /> safety issues and that though Operator had been working to address the Division's <br /> concerns recently, the pattern of delay since AM-1's filing showed a lack of diligence. <br /> Colorado Milling Company, LLC <br /> Gold Hill Mill/M-1994-117 <br /> Violation No. MV-2019-018 3 <br />