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5. On November 29, 2021, the Denver District Court remanded the Order to <br /> the Board, providing the Board with jurisdiction to amend the Order to allow Operator to <br /> satisfy conditions precedent to the Settlement Agreement. <br /> CONCLUSIONS OF LAW <br /> 6. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, <br /> C.R.S. (2020) ("Act"). <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the third sentence <br /> of the paragraph beginning"Tire Operator and any of his associates shall CEASE AND <br /> DESIST..." on page five of the Board's Order is hereby amended to as follows: <br /> Activity at the site is limited to those necessary for the purposes of complying with <br /> the corrective actions in this Order or necessary to comply with, or allowed by, the <br /> Settlement Agreement, including the reclamation of all highwalls located in the northern <br /> mining area (either backfilled or graded to a minimum of a 311:1 V), the removal and <br /> remediation of certain irrigation improvements from the permit area and activities <br /> otherwise bringing the operation into compliance with the Order or the Settlement <br /> Agreement. <br /> DONE AND ORDERED this/,P'� day of 20V_ <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> .to n Singletary, Cha' <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected or <br /> aggrieved by agency action may commence an action for judicial review by filing a <br /> complaint with the district court within thirty-five (35)days after the effective date of this <br /> order, pursuant to section 24-4-106. C.R.S. (2020) and the Colorado Rules of Civil <br /> Procedure. In the event that a complaint for judicial review is riled, designations of <br /> record made in accordance with section 24-4-106(6), C.R.S. should be served on the <br /> Rudolph Fontanari <br /> M-1996-076 <br /> MV-2020-023 <br /> 2 <br />