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Division stated that there was no reason to continue enforcement proceedings <br />regarding the new alleged violations. <br />5. Counsel for Operator argued that the judicial review action pending in <br />Denver District Court meant that the Board should refrain from hearing the <br />enforcement matters until after the Denver District Court had ruled on the motion <br />for a stay of enforcement proceedings Operator had filed in that proceeding. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2020) ("Act"). <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />denies the motion for continuance as to all alleged violations that are not related to <br />the Board's September 26, 2019 Order and grants the motion with respect to matters <br />involving alleged violations of the Board's September 26, 2019 Order unless issues <br />regarding health and safety are involved. <br />DONE AND ORDERED this Z, day of bdzV 2020. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Nell Ware am -Morris, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint with the district court within thirty-five (35) days after the effective <br />date of this order, pursuant to section 24-4-106, C.R.S. (2020) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />designations of record made in accordance with section 24-4-I06(6), C.R.S. should <br />be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br />Attention: Camie Mojar <br />