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4. Construction Materials Rule 4.1(2) requires operators to submit financial warranties within <br />one calendar year of an application approval. If financial warranties are not submitted <br />within that calendar year, the Boazd must hold a hearing to reconsider the previous <br />approval. Construction Materials Rule 4.1(2). <br />5. At the hearing, the Applicant informed the Boazd that the delay in posting a bond was the <br />result of ongoing negotiations with La Plata County concerning county road issues. Once <br />the anniversary date of the original permit issuance passed and the Division notified the <br />Applicant, the Applicant repeated the applicable application procedures as required by the <br />Construction Materials Rules. The Applicant posted notice of the proposed operation <br />again. No public comments were received. The Division accepted a financial warranty <br />from the Applicant on April 25, 2006. <br />6. Based on the Applicant's posting of the required financial warranty and based in part on the <br />Division's recommendation, it is appropriate for the Board to re-approve the Applicant's <br />Section 112 Reclamation Permit application. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby re- <br />approves the Applicant's Section 112 Reclamation Permit. <br />DATED this day of ~ ~ y , 2007. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />r. ~Q~' <br />Michael T. Nelligan, Chair, med L "- <br />Reclamation Board IIIJJJ <br />Hocker Const., M-2004-063 <br />