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9. On February 4, 2020, the Division provided Operator notice that it had <br />determined that the mining operations were subject to termination under section <br />34-32-103(6)(a)(III) of the Mined Land Reclamation Act, Article 32 of Title 34, <br />C.R.S. ("Act") and INFORM v. Colo. Mined Land Reclamation Board, 2019 COA <br />114, because the mines in the Sunday Mine Complex had no recorded production <br />within the past ten years. The Division provided notice that the matter had been <br />set for a hearing before the Board for its consideration at the Board's March 25, <br />2020 meeting. Due to COVID-19 impacts the hearing was subsequently continued, <br />first to the April22, 2020 Board meeting, and again to Board's July 21, 2020 <br />meeting. <br />10. Intervenors filed a petition to intervene on April 3, 2020, arguing that <br />the Board lacked "authority to allowed continued temporary cessation." Intervenors' <br />petition also pointed to Operator statements in a news article that the mines it <br />"opened this summer" were "getting ready for production" if commodity prices <br />recovered as indicative that Operator's activities at the Sunday Mine Complex were <br />not "production." Intervenors requested that the Board deny any further temporary <br />cessation status, terminate the permits, and require immediate commencement of <br />reclamation. <br />11. At the hearing, the Division presented testimony regarding the status <br />and history of the Sunday Mine Complex permits. The Division presented evidence <br />regarding Operator's activities at the Sunday Mine Complex observed through <br />Division inspections and that those activities were not the production and shipment <br />of ore. The Division also stated that there is currently no mill facility in the United <br />States to receive ore even if Operator had commenced production. The Division also <br />presented testimony that the Operator's activities regarding ore were closer to <br />prospecting than production or extraction. Though the term "production" is not <br />defined by the Act or Regulations the Division argued that the term has not been <br />vague, has historically been interpreted and applied by the Division and Board to <br />include recovery, transportation and processing, and cannot be broadly interpreted <br />to include just any mining activity at a site. <br />12. The Division acknowledged that it had directed Operator not to remove <br />ore from the mines but explained that direction was because Operator had not <br />complied with its environmental protection plans for the mines. Removal of ore <br />without full environmental protection plan compliance was not appropriate. <br />13. The Division also stated that the Sunday Mine Complex consisted of <br />five permitted sites and Operator's recent work was only done at three of the five. <br />Pinon Ridge Mining, LLC <br />Sunday Mine Complex, file numbers M-1978-039 (St. Jude Mine), M-1981-021 (West <br />Sunday Mine), M-1980-055HR (Topaz Mine), M-1977-285 (Sunday Mine), M-1977- <br />416 (Carnation Mine). 3 <br />