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It is DRMS's recommendation that the Board uphold the determination that the JD-9 Mine has existing <br />conditions that implicate Rule 7, (which implements Section 34-32-116.5, C.R.S. 1984 as amended), and that the <br />JD-9 Mine should be characterized as a DMO. Should the Board uphold that DMO status is correct, Rule <br />7.2.3(2)(a} provides the permit holder 60 days to demonstrate that the elements of an Environmental Protection <br />Plan are already in place, and Rule 7.2.3(2)(b) affords the permit holder 180 days to submit a full plan for <br />Division approval. <br />tM/~' <br />G. Russe 1 Means <br />EPS II, Division of Reclamation Mining and Safety <br />