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5• On November 15,2021, the Division informed Operator that it had <br /> determined that the notice was complete and set for consideration at the Board's <br /> December 15, 2021 meeting. <br /> 6. The Division provided notice to Mesa County and the U.S. Bureau of Land <br /> Management on November 15, 2021. <br /> 7. No objections were received. <br /> 8. The Division holds a financial warranty for the site in the amount of <br /> $18,212. The financial warranty is adequate to reclaim the site. <br /> 9. Operator is currently providing reports as required. <br /> 10. Operator has kept the site clean, orderly, and in goad shape. <br /> 11. The Division stated that Operator's notice complied with applicable <br /> requirements and recommends approval of the second continuous period of Temporary <br /> Cessation. <br /> CONCLUSIONS OF LAW <br /> 1. The Board has jurisdiction over this matter pursuant to the Mined Land <br /> Reclamation Act,Article 32 of Title 34, C.R.S. ("Act"). <br /> 2. Under section 34-32-103(6)(a), C.R.S., an operator may temporarily cease <br /> production upon compliance with the notice requirements therein. Pursuant to section <br /> 34-32-103(6)(a)(III), C.R.S., an operator may be in temporary cessation of production <br /> for up to ten years. <br /> 3. Under Rules 1.13.1 and 1.13.5, a permit shall continue in effect as long as <br /> the mining operation is resumed within five years of the beginning of Temporary <br /> Cessation or the operator files a request for the extension of the period of Temporary <br /> Cessation and secures Board approval of such request. <br /> 4. Rule 1.13.5(3)requires a notice for a second period of Temporary <br /> Cessation to include, among other things, demonstration of continued commitment to <br /> conduct mining operations at the site by the end of the second five-year period. <br /> Operator indicates its commitment to conduct mining operations at the site within the <br /> next five-year period. <br /> 5• Operator complied with the requirements for the second period of <br /> Temporary Cessation as set forth in the Act and Rules. <br /> ORDER <br /> Nuvemco, LLC <br /> M-2008-050 <br /> 2 <br />