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14. 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. <br />15. 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 Land Reclamation Board, 2019 COA 114, 111. <br />16. 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 />17. 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). For the past 180 days, Operator has had personnel engaged in activities <br />properly characterized as maintenance or housekeeping and has not conducted any <br />excavation, mine development, or other mining operations during that period. <br />These factors indicate that the site has been and is in a period of temporary <br />cessation. <br />18. 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 />complete and that there were known reserves yet to be extracted and that mining <br />operations were commencing. <br />19. Under Rules 1. 13.2 and 1.13.3, Operator's activities at the Sunday Mine <br />Complex indicate that the permits are currently in temporary cessation of production <br />and that the period began on or around September 18, 2019. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds that the Sunday Mine Complex mines were in active status as of as of <br />June 10, 2019. The Board APPROVES Pinion Ridge Mining, LLC's notices of <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). 4 <br />