Laserfiche WebLink
4. On September 8, 2020, Operator filed a request to place the Sunday <br /> Complex Mines, including the Topaz Mine, into a period of Temporary Cessation. <br /> Intervenors objected to the Operator's request. <br /> 5. On October 21, 2020, the Board held a hearing on Operator's request to <br /> place the Topaz Mine into Temporary Cessation. Following the hearing, the Board <br /> approved Operator's request to put the Topaz Mine into a new period of Temporary <br /> Cessation. The Board's order approving the request was effective on November 10, <br /> 2020. <br /> 6. Intervenors filed a complaint for judicial review with the Denver <br /> District Court on November 12, 2020, seeking review of the Board's October 9, 2020 <br /> Order. <br /> 7. Intervenors amended their complaint for judicial review on December <br /> 15, 2020, to seek review of the Board's November 10, 2020 Order in addition to the <br /> October 9, 2020 Order. <br /> 8. On March 1, 2022, the District Court reversed the Board's orders <br /> regarding the Topaz Mine, holding that the Topaz Mine was "in a continuous state <br /> of nonproduction for more than 10 years." The District Court remanded the case to <br /> the Board for further proceedings. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter pursuant to the Mined <br /> Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). <br /> 10. "Because temporary cessation at the site has continued for more than <br /> ten years, the operation must be terminated and the operator must fully comply <br /> with reclamation requirements under the [Act]". Info. Network for Responsible <br /> Mining v. Colo. Mined Land Reclamation Board, 2019 COA 114, $18; see § 34-32- <br /> 103(6)(a)(III), C.R.S. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby VACATES the portions of the October 9, 2020 and November 10, 2020 <br /> Orders regarding the Topaz Mine. The Board hereby TERMINATES the Topaz <br /> Mine operation and ORDERS Pinon Ridge Mining, LLC to commence final <br /> reclamation of the Topaz Mine site immediately, to be completed within five years <br /> of the date this Order is signed as required by section 34-32-116(7)(q), C.R.S. <br /> Pinon Ridge Mining, LLC <br /> Topaz Mine 1 M-1980-055-HR 2 <br />