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<br />4. On June 2, 2005, the Division inspected the site and notified the Applicant that the <br />financial and performance warranties had not been posted and were due by August 25, <br />2005. <br />5. Construction Materials Rule 4.1(2) requires an applicant to submit financial warranties <br />within one yeaz of permit approval. If financial warranties aze not received within one <br />year, the Board must hold a hearing to reconsider the previous permit approval. <br />6. On October 17, 2005, the Division notified the Applicant that it failed to submit financial <br />warranties within one yeaz of approval. The letter contained a notice of reconsideration of <br />the permit approval in accordance with Construction Materials Rule 4.1(2). <br />7. On December 7, 2005, the Applicant submitted a proposed design for the slurry wall that <br />substantially reduced the bonding requirement approved in amendment application AM- <br />O1. <br />8. On January 10, 2006, the Applicant provided proof of re-notice of the amendment <br />application to the Division. The public comment period ended on December 28, 2005, and <br />no written objections were submitted to the Division. <br />9. On January 11, 2006, the Division continued the hearing on this matter because the <br />required financial warranty had not been submitted. <br />10. On February 9, 2006, a financial warranty in the amount of $1,123,000 was posted and <br />approved by the Division. <br />11. The Division has reviewed the record in this matter and recommends that the Board approve <br />the Applicants request for reconsideration ofthe amendment application. Because the <br />Applicant has posted the requisite reclamation bond and has otherwise complied, in a timely <br />manner, with all applicable corrective actions (including re-notice requirements), it is <br />Platte Sand & Gravel, M-2000-158 <br />