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5. Operator has demonstrated a commitment to conduct mining <br /> operations at the site by the end of the second period of Temporary Cessation, <br /> 6. The financial warranty is adequate to cover current reclamation. <br /> 7. The Division has identified no performance standard issues in the <br /> notice or through an inspection of the file for the site. <br /> CONCLUSIONS OF LAW <br /> 8. 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 <br /> 34, C.R.S. ("Act"). <br /> 9. 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 <br /> to section 34-32.5-103(11)(c), C.R.S., an operator may be in temporary cessation of <br /> production of up to ten consecutive years. <br /> 10. Under Rule 1.13.1 and 1.13.5 of the Mineral Rules and Regulation of <br /> the Colorado Mined Land Reclamation Board for the Extraction of Construction <br /> Materials("Rules"), a permit shall continue in effect as long as the mining operation <br /> is resumed within five years of the beginning of Temporary Cessation or the <br /> operator files a request for the extension of the period of Temporary Cessation and <br /> secures Board approval of such request. <br /> 11. 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 <br /> to conduct mining operations at the site by the end of the second five-year period. <br /> Operator indicates their commitment to conduct mining operations at the site <br /> within the next five-year period. <br /> 12. Operator complied with the requirements for a second period of <br /> Temporary Cessation as set forth in the Act and Rules. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, hereby <br /> GRANTS the request of Pete Lien&Sons, Inc. for a second period of temporary <br /> cessation. The second period of Temporary Cessation began on January 1, 2022 and <br /> will continue for 5 years. <br /> Pete Lien& Sons, Inc. <br /> M-1978-093 <br />