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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 ;� day of a(hd2,r,,� 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 24-4-106(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 />