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Middle Field from the permit. Fontanari submitted a request to remove the acreage from <br /> the permit (designated AR-1), which was subsequently approved by Division. (The AR-1 <br /> approval is attached as Exhibit C hereto.) <br /> 9. Fontanari, having complied with the October 27, 2020 Order, believes that the suspension <br /> of the permit should be lifted pursuant to C.R.S. 34-32.5-124 (6)(b), and his ability to <br /> ship from pre-existing stockpiles pursuant to Division's September 3, 2019 approval <br /> restored, subject to the existing restrictions in that Approval, including no increase in the <br /> mining or processing footprint without payment of the increased financial warranty. <br /> ARGUMENT <br /> 1. C.R.S 34-32.5-124 (6)(a); provides as follows: <br /> "Upon a determination after a hearing that a violation of a permit provision has occurred, <br /> the board may suspend, modify or revoke such permit." <br /> 2. Here, the Board acted in the at the August 19, 2020 hearing to suspend the permit, as <br /> enunciated in the Order signed on October 27, 2020. <br /> 3. C.R.S. 34-32.5-124 (6)(b) provides as follows: <br /> "If the board suspends or revokes the permit of an operator, such operator may continue <br /> mining operations only for the purpose of bringing such operations into satisfactory <br /> compliance with the provisions of such operator's permit. Once such operations are <br /> completed to the satisfaction of the board, the board may reinstate such permit. " <br /> 4. Here, the Board's October 27, 2020 order suspended the permit limiting activities on the <br /> site to those necessary to comply with the listed corrective actions. Operator elected to <br /> remove the portion of the middle field containing irrigated acreage and irrigation <br /> equipment from the permit area (Corrective Action l(b)), which was completed by <br /> 3 <br />