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9. At the hearing, Operator argued that the Board's decision not to <br />terminate the permits clearly implied that the permits on the Sunday Mine <br />Complex were in active status. Operator also presented testimony regarding its <br />inability to continue mining activities after March 2020 due to complications from <br />the pandemic. Operator testified regarding the work currently being done at the <br />site and described it mostly as maintenance and "paperwork." There has been no <br />sale or movement of stockpiled ore since the end of February 2020. <br />10. At the hearing, Operator also referenced a letter its predecessor had <br />received from the Division in 2010 granting a previous period of temporary <br />cessation. That letter stated that "stockpiling of ore or topsoil, facility construction <br />(including ore pads)" would be active mining activities that ended temporary <br />cessation. Operator stated that it had requested temporary cessation because it had <br />been unable to continue with its mining activities, including those mentioned in the <br />2010 letter, for more than 180 days. <br />11. Operator discussed its plan for resuming mining operations. Although <br />.the price for vanadium had been affected by the pandemic, Operator stated that <br />uranium prices remained relatively stable albeit at a price below the cost of <br />production. Operator stated that, given the high levels of vanadium in the sites, <br />ore, it would resume mining when the price of vanadium increases and uranium <br />goes up enough to make mining profitable. Operator stated that it would have to <br />resume mining or ask the Board for a second period of temporary cessation in five <br />years, regardless of spot prices for vanadium and uranium. According to Operator, <br />the amount of money it had recently spent on mining improvements is a big <br />incentive to start mining to recover the costs it has incurred. <br />12. Objectors argued that no production has occurred for more than ten <br />years and that any action other than termination of the permits and reclamation is <br />unlawful. Objectors testified regarding the land in the area and its value to <br />recreation, all of which is threatened by continued delays in reclamation of the <br />sites. Objectors also argued that should the Board grant temporary cessation, it <br />should start on September 18, 2019 because the underground stockpiling of ore <br />ended on that date. <br />CONCLUSIONS OF LAW <br />13. The Board has jurisdiction over this matter pursuant to Act, Article 32 <br />of Title 34, C.R.S. <br />Ninon 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 />