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6. -The Applicant did not provide the warranties for this site in a timely fashion because it decided not to <br />commence mining operations immediately following permit approval, and personnel changes resulted in <br />the company's failure to finish the application process. <br />7. Since the Applicant has submitted the required warranties, and intends to commence mining operations <br />at this site, it is not appropriate to deny this permit even though the Applicant failed to submit the <br />warranties in a timely manner. <br />8. During an inspection on December 9, 2002, the Division noted a new oil well within the eastern edge of <br />the proposed permit area. The existence of new structures in the permit area, the possibility of other <br />changes in property ownership and development around the proposed permit area, as well as the delay <br />in the anticipated commencement of the mining operation are cause for concern that the proposed <br />operation may not properly account for all relevant impacts to these interests. These changes in <br />circumstance warrant concern about notice to the public regarding this operation. <br />9. It is appropriate to re-publish notice and re-open the public comment period to address the changes in <br />circumstance before the Board reconsiders its decision on this application. Therefore, the Board's <br />reconsideration under Construction Materials Rule 4.1(2) should be continued to afford time for notice <br />and comment. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board orders that this matter is continued until <br />the Board's February 2003 meeting to allow the Applicant the opportunity to revise the application to address <br />any new structures within 200 feet of the affected land as well as new surface owners, and to re-notice and re- <br />publish the application and afford the opportunity for public comment. <br />DATED this -rill '"- day of _~~-~~'f~ , 2002. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />__.~/ <br />-`~ .F6e Janosek.' <br />'Chairman <br />