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5. On July 9, 2021, the Division sent Applicant a Notice of Past Due <br />Financial Warranty letter, informing Applicant that the deadline for submitting its <br />financial warranty had passed. The July 9, 2021 letter also informed Applicant that <br />should it wish to seek reconsideration of the Application, it would need to initiate <br />public notice in accordance with Rule 1.6 before scheduling the matter for <br />reconsideration by the Board. <br />6. On August 27, 2021, Applicant requested Board reconsideration of the <br />Application and an extension of one calendar year to submit the required financial <br />warranty. Applicant also provided proof that it had complied with all public notice <br />requirements of Rule 1.6. <br />7. At the hearing, the Division presented testimony regarding the <br />Application, the process involved, and the Applicant's request for reconsideration <br />and extension of time to submit its financial warranty. <br />8. The Division did not receive any objections in response to the public <br />notices Applicant provided in accordance with Rule 1.6. <br />9. Applicant presented testimony at the hearing regarding the proposed <br />operation and the reason for its delay in submitting the financial warranty. <br />Applicant stated that the COVID-19 pandemic's effects on the economy primarily <br />caused Applicant's delay in submitting the financial warranty. Applicant stated <br />that it now has customer contracts and bond funding available to begin moving <br />forward with the project. <br />CONCLUSIONS OF LAW <br />10. The Board has jurisdiction over Applicant and this matter pursuant to <br />the Act. <br />11. Under the Act and Rules, a permit may not be issued until the Board <br />receives and approves performance and financial warranties. If an applicant fails to <br />submit these warranties within one calendar year from the approval, the Board <br />shall hold a hearing to reconsider the approval. C.R.S. § 34-32.5-117(1); Rule 4.1(2). <br />If, at such hearing, the Board affirms the original application approval, the Board <br />shall establish a new deadline for submittal of the performance and financial <br />warranties. Applicant failed to submit the required financial warranty within one <br />year of the Division's approval of the Application. <br />12. For a hearing to reconsider an application approval, the Division and <br />applicants are required to comply with the notice and comment provisions of Rule <br />1.6. Rule 4.1(2). The Division provided proper notice of the September 22, 2021 <br />hearing in compliance with Rule 1.6. The Applicant also provided proper notice in <br />compliance with Rule 1.6. <br />