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failing to comply with a Board order and informed Operator that the matter had <br /> been set for a hearing at the Board's November 15, 2023 meeting. <br /> 6. By November 13, 2023, Operator had provided complete responses to <br /> the Division's adequacy review, and the Division determined that CN-1 was in <br /> approvable form. <br /> 7. Because the 365-day time limit for CN-1 had lapsed before it was in <br /> approvable form, the Division presented CN-1 to the Board at its November 15, <br /> 2023, meeting as a consent agenda item, recommending that the Board approve CN- <br /> 1 without conditions and require Operator to submit the appropriate financial <br /> warranty, $21,600.00, within 60 days of the approval date of CN-1. <br /> CONCLUSIONS OF LAW <br /> 8. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32.5 of Title 34, C.R.S. (2023) ("Act"). <br /> 9. Under Rule 1.4.1(9) of the Mineral Rules and Regulations of the <br /> Colorado Mined Land Reclamation Board for the Extraction of Construction <br /> Materials (the "Rules"), the Division may set a hearing before the Board if an <br /> application has outstanding adequacy issues at the end of the 365-day period. "At <br /> the hearing, the Board may deny, or approve the application with or without <br /> conditions." Id. It has been more than 365 days since Operator submitted <br /> Application CN-1, all outstanding adequacy issues have now been resolved, and the <br /> Division recommends approval of the Application. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> APPROVES Application CN-1 without condition. <br /> Operator shall, within 60 days of the effective date of this Order, submit the <br /> appropriate financial warranty of$21,600.00, and increase of$4,420.00 in the <br /> amount already held by the Division. <br /> DONE AND ORDERED this_18 day of_December 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareham- orris, Chair <br /> Blue Mountain Stone, Inc. <br /> M-1981-075 2 <br />