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CONCLUSIONS OF LAW <br />18. The Board has jurisdiction over this matter pursuant to Act, Article 32 <br />of Title 34, C.R.S. <br />19. Under section 34-32-103(6)(a)(II), C.R.S., an operator may temporarily <br />cease production upon compliance with the notice requirements therein. Pursuant <br />to section 34-32-103(6)(a)(III), C.R.S., an operator may be in temporary cessation of <br />production of up to ten years. <br />20. Temporary cessation of production cannot continue beyond ten years <br />"without terminating the operation...." § 34- 32 -103(6)(a) (III), C.R.S. <br />21. Temporary cessation of production is a factual status to be determined <br />by looking at an operator's activities, or lack thereof, at the site. See INFORM v. <br />Colo. Mined Lund Reclamation Board, 2019 COA 114, 111. <br />22. In evaluating the factors regarding temporary cessation of production, <br />the Board "will consider all relevant testimony and facts ... and no one factor is <br />necessarily determinative, but ... each determination will be based on site specific <br />conditions." Rule.1.13.1(2). <br />23. "Production" is not defined in the Act. See 34-32-103, C.R.S. The <br />Rules, however, are instructive regarding what constitutes temporary cessation of <br />production. <br />24. Rule 1.13.2 sets forth Indications of Temporary Cessation, including <br />that "there are no personnel working at the site for one hundred eighty consecutive <br />days," "there are personnel other than security people at the site, but they are <br />engaged in activities which can be described as maintenance or housekeeping," <br />"there is only minimal or token excavation of mineral or other material," and "mine <br />development has ceased and mining has not recommenced." Rule 1.13.2(1), (4), (6) <br />and (7). Operator has had personnel at the site who were engaged in activities <br />beyond maintenance or housekeeping, excavation is more than token or minimal, <br />and mine development and mining operations were underway. These factors <br />indicate that the site was no longer in a period of temporary cessation. <br />25. Rule 1.13.3 sets forth Indications Against Temporary Cessation, <br />including that "[e]xtraction of minerals has been completed and only final <br />reclamation and related activities occurring at the site are part of the `life of the <br />mine"' and "a permit has been issued, but the mining operation has not commenced." <br />Rule 1.13.3(1) and (2). Operator demonstrated that extraction of minerals was not <br />Pifion 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). 5 <br />