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mining activities was September 29, 2014, the first term of temporary cessation was <br /> initiated on March 28, 2015 and therefore ended on March 28, 2020. The Division also <br /> informed Operator that it would treat the notice of temporary cessation under <br /> consideration as a request for a second term of temporary cessation and requested <br /> further information from Operator regarding the reason for not recommencing mining <br /> activities and the plan for recommencing activities or reclamation at the end of the <br /> second term of temporary cessation. <br /> G. On October 5, 2021,Operator provided a response to the Division, <br /> explaining that operations had not recommenced because their contractor was not <br /> compliant with its own reclamation permit. Operator also described several construction <br /> projects underway or planned for the area and stated that large companies had <br /> approached them regarding the availability of materials should those companies' bids <br /> on projects be accepted. <br /> 7. On October 12, 2021,the Division conducted a follow up inspection of the <br /> site and determined that Operator had complied with the corrective actions specified in <br /> the previous inspection. The inspection report, dated October 19, 2021, also informed <br /> Operator that the Division would schedule the request for Temporary Cessation for a <br /> hearing at the Board's December 15, 2021 meeting. <br /> 8. The Division provided the required notices for the period of temporary <br /> cessation. <br /> 9. No objections were received. <br /> 10. The financial warranty is adequate to reclaim the site. <br /> 11. The Division's review did not demonstrate any complaints in the file. <br /> CONCLUSIONS OF LAW <br /> 12. The Board has jurisdiction over this matter pursuant to the Land <br /> Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34. <br /> C.R.S. ("Act"). <br /> 13. Under section 34-32,5-103(11)(b), C.R.S., an operator may temporarily <br /> cease production upon compliance with the notice requirements therein. Pursuant to <br /> section 34-32.5-103(11)(c), C.R.S., an operator may be in temporary cessation of <br /> production of up to ten years. <br /> 14. Under Rule i.13.1 and 1.13.5 of the Mineral Rules and Regulation of the <br /> Colorado Mined Land Reclamation Board for the Extraction of Construction Materials <br /> ("Rules"), a permit shall continue in effect as long as the mining operation is resumed <br /> within five years of the beginning of Temporary Cessation or the operator files a request <br /> Larry and Christine Tortorice <br /> M-2004-043 <br /> 2 <br />