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Page 38 <br />Construction Materials Rule 1 <br />1.13.1 General Provisions <br />(1) A permit granted pursuant to these Rules shall continue in effect as <br />long as: <br />(a) an Operator continues to engage in the extraction of <br />construction material and/or the mining operation and <br />complies with the provisions of the Act; and <br />(b) construction material reserves are shown by the Operator <br />to remain in the mining operation. <br />(2) The Board will consider all relevant testimony and facts related to a <br />mining operation in its determination as to whether or not <br />temporary cessation has occurred. The Board recognizes that no <br />one factor is necessarily determinative, but that each <br />determination will be based on site-specific conditions. Factors to <br />be included in the determination if a mine will be considered for <br />temporary cessation, include, but are not limited to the following: <br />1.13.2 Indications of Temporary Cessation <br />(1) there are no personnel working at the site for one hundred eighty <br />(180) consecutive days; <br />(2) there are only security personnel at the site; <br />(3) there are personnel other than security people at the site, but they <br />are engaged in activities which can be described as maintenance or <br />housekeeping, or related activity; <br />(4) there are personnel at the site, but they are engaged in activities <br />which are not significantly moving the site towards completion of the <br />mining operation. The Board will judge these activities in relation to <br />the size of the operation, the nature of the deposit and other facts; <br />(5) there is no sale or processing of material or movement of stockpiled <br />material;