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5. On July 26, 2022, Applicant submitted a performance warranty and a <br /> check for the financial warranty. <br /> 6. On July 28, 2022, the Division notified Applicant of outstanding <br /> bonding requirements for the application, including the need for the correct name of <br /> Applicant on the performance warranty, an affidavit of authority for the <br /> performance warranty, and the need for an additional form for the financial <br /> warranty. <br /> 7. On August 15, 2022, Applicant submitted an updated performance <br /> warranty. <br /> 8. On September 6, 2022, the Division sent Applicant a second notice <br /> regarding outstanding performance and financial warranty requirements for the <br /> application which had not been addressed by Applicant. <br /> 9. On December 18, 2022, the Division sent Applicant notice that the <br /> financial warranty for the site had not been received by the one-year deadline from <br /> initial approval of the Application and that the Board would reconsider the previous <br /> approval of the application in accordance with Rule 4.1(2). The December 18, 2022 <br /> letter also informed Applicant that should it wish to seek reconsideration of the <br /> Application, it would need to initiate public notice in accordance with Rule 1.6 <br /> before scheduling the matter for reconsideration by the Board. <br /> 10. On March 27, 2023, the Division provided Applicant notice that a <br /> Board hearing to reconsider the Application had been scheduled for the Board's <br /> May17, 2023 meeting. <br /> 11. On April 7, 2023, the Division provided notice of the Board's <br /> reconsideration of the Application to the Clear Creek County Commissioners and <br /> the U.S. Forest Service. <br /> 12. At the hearing, the Division presented testimony regarding the <br /> Application, the process involved, and the Applicant's failure to provide the <br /> corrected warranty materials. The Division also presented testimony that <br /> Applicant had not provided any evidence that it complied with the notice <br /> requirements of Rule 1.6. <br /> CONCLUSIONS OF LAW <br /> 13. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 14. Under the Act and Rules, a permit may not be issued until the Board <br /> receives and approves performance and financial warranties. § 34-32-117(1), <br /> C.R.S.; Rule 4.1(2). If an applicant fails to submit these warranties within one <br />