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Page 33 <br />Construction Materials Rule 1 <br />(b) Succession of Operator requests will be considered <br />automatically approved after thirty (30) days of the date the Succession <br />of Operator request is filed with the Office unless the Operator is <br />notified by the Office that the request is denied. Succession of <br />Operator requests must be submitted on forms approved by the Boazd, <br />and include the fee specified in Section 34-32.5-125(1)(a) (x), et sec ., <br />C.R.S., 1984, as amended, and the properly executed financial and <br />performance warranties, when required. <br />(3) Approval of a permit transfer and succession of Operator <br />request shall be given by the Office if it finds that the successor Operator is <br />capable of assuming all responsibility for the conditions included under the . <br />original permit. Notice of Permit Transfer will be acknowledged in the <br />monthly activity report attached to the monthly Boazd agenda.. <br />lla 1.12.2 Denial and Appeal Process <br />i] 5 <br />(1) In the event that the Office decides to deny a succession of <br />Operator application, the Office will notify the Applicant in writing within ten <br />(10) days of the decision deadline. <br />(2) The Applicant may appeal the decision to the Board for a final <br />determination according to the provisions of Subsection 1.4.7. <br />lostlt) 1.13. TEMPORARY CESSATION <br />1.13.1 General Provisions <br />(1) A permit granted pursuant to these Rules shall continue in <br />effect as long as: <br />(a) an Operator continues to engage in the extraction of <br />construction material and(or the mining operation and complies with <br />the provisions of the Act; and <br />(b) constmction material reserves are shown by the <br />Operator to remain in the mining operation. <br />