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4. On June 6, 2023, Operator signed the consent form requesting the <br /> change to allow Operator to file an application for a different permit than the 110(d) <br /> permit specified in the March 18, 2022 Board Order. During the permit application <br /> review process, the Operator purchased the adjoining property and wants to include <br /> those properties into the permitted area, which would exceed the 10-acre limit for a <br /> 110(d) permit. <br /> 5. At the Board's June 21, 2023 meeting, the Division presented <br /> testimony that the proposed change would allow Operator to apply for the <br /> appropriate reclamation permit given the size and nature of its operation. The <br /> Division supported the modification of the March 18, 2022 Order's corrective action. <br /> CONCLUSIONS OF LAW <br /> 6. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2022) ("Act"). <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby AMENDS its March 18, 2022 Order for violation MV-2022-004 as follows: <br /> The Board imposes against the Operator the following CORRECTIVE <br /> ACTION: the Operator shall, within 90 days of the effective date of this order, <br /> submit an appropriate reclamation permit application to incorporate all affected <br /> lands, with all material in an approvable form within statutory timeframes. <br /> DONE AND ORDERED this 16th day of October 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> ,)! Ag g. AV--- <br /> Patrick Ortiz, Chair <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a complaint with the district court within 35 days after the effective date of this <br /> order, pursuant to section 24-4-106, C.R.S. and the Colorado Rules of Civil <br /> Jack D. Tabb, LLC <br /> M-2021-068 <br /> MV-2022-004 2 <br />