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4. At the Board's February 17, 2021 meeting, Operator requested another <br /> Sao . Dig the hem , Operator alw stated its intention to resume <br /> mining, possibly as soon as May 2021. <br /> . At the February 17, 2021 meeting, the Division stated that it did not <br /> necessarily oppose another continuance,but that Operator's intention to resume <br /> mining would change its view of the potential for harm if the Board granted another <br /> continuance. <br /> . The Board continued the matter to its March 24, 2021 meeting in part <br /> for the Dii6sion and Operator to reach a stipulated cease and desist order. <br /> 7. At the Board's March 24, 2021 meeting, the Division presented a <br /> stipulated agreement that Operator would cease and desist m* * operations at <br /> the site. The Division requested that the Board issue an order adopting the <br /> agreement as an order of the Board and schedule a hearing on the alleged violation <br /> for the Board's May 19, 2021 meeting. <br /> CONCLUSIONS of LAW <br /> . The Board has jurisdiction over this ratter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of-Construction Materials, Artide 32.5 lof <br /> Title 34, C.R.S. (2020). <br /> ORDER <br /> Based on the Findings of Fact and Conclusions of Law above, the Board <br /> enters the following order: <br /> The Board adopts the Stipulated Agreement, attached hereto as Exhibit 1, <br /> between the Diviision.and Avalanche Creek Marble and Alabaster, LLC and <br /> ORDERS that Operator cease and desist from all mining activities at the site. <br /> Operator's alleged failure to comply with the conditions of its permit is <br /> hereby set for a hearing at the Board's May 19, 2021 meeting. <br /> DONE AND ORDERED this 1 th day of April 2021. <br /> FOR THE COLORADO MINED LAND <br /> R N BOA <br /> CA <br /> 9*_ 11001" <br /> w <br /> Avalanche Creek Marble and Alabaster l C <br /> White Bans Mine, M-19-w042 2 <br />