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4. The Applicant argues that the Motion to Dismiss should be denied because it serves no <br />rational purpose for a subsequent Section 110 permittee to wait two years before applying <br />for a permit conversion when the mine is more than two years old. The Applicant <br />contends that Construction Materials Rule 1.11.2(1) clarifies that the two-year waiting <br />period applies to the original pennittee only, not to subsequent operators. The Applicant <br />argues that the Objector's interpretation of the two-yeaz waiting period would irrationally <br />act to create an incentive to create large mines in new locations, an intent that is not <br />expressed anywhere in the Act. Finally, the Applicant aggues that the two-year waiting <br />period is no longer relevant because the Applicant has now operated the existing facility <br />for longer than two yeazs. <br />5. The Division argues that the Motion to Dismiss should be denied because the two-year <br />requirement functions as a permit condition, not grounds to deny jurisdiction to the Boazd. <br />The Division and the Board are acting within the jurisdictional confines of their enabling <br />statutes in considering this permit conversion application, the Division argues. The <br />Division also contends that Construction Materials Rule 1.11.2(1) indicates that the Board <br />intended the two-yeaz requirement to apply to the permit itself, not to subsequent <br />operators. Finally, the Division argues that the matter is now moot because the Applicant <br />has held its existing Section 110 Reclamation Permit in excess of two years. <br />6. Based in part on the Division's recommendation, and on the entire record, it is appropriate <br />for the Board to deny the Motion to Dismiss on the grounds that the two-year waiting <br />period operates as a permit condition, not as a jurisdictional prerequisite. The Board <br />possesses subject matter jurisdiction over this matter by virtue of the Board's enabling <br />statutes, which provide that the Board has the "full power and authority to carry out and <br />King Mountain Gravel, LLC <br />M-1978-314 <br />