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5. Mr. Gagliano testified that more time was necessary to complete the packet of <br />information necessary to be submitted to the Division. Mr. Gagliano requested an extension <br />of time until May 7, 2009. <br />6. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104, 105 <br />and 124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />§ 34-32.5-101 et seq. C.R.S. (2008) ("Act"). <br />7. Based on the testimony presented at the March 11 hearing on this matter it is <br />appropriate to grant the Operator's request for an extension of time to prepare the permit <br />amendment. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />grants the Operator's request for an extension of time. The Operator has until May 7, 2009 <br />to submit the permit amendment and have all the materials in an approvable form. The <br />$1,000 civil penalty against the Operator with all but $250 suspended, is still suspended, <br />provided the Operator submits the materials described above by May 7, 2009. <br />0L I <br />DONE AND ORDERED this 61 day of '2009. <br />FOR THE COLORADO <br /> <br />Mined Land Reclamation <br /> <br />Chair <br />NOTICE OF APPEAL RIGHTS <br />Each party has the following rights: <br />1. To abide by this decision of the State Mined Land Reclamation Board. If a Petition <br />for Reconsideration or Appeal is not filed within the time limits described below, the <br />Board's decision shall be final; or <br />2. To file a Petition for Reconsideration within twenty (20) calendar days of the date the <br />Board's Order is signed ("effective date") pursuant to Rule 2.9 of the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br />Construction Materials. <br />Mullett Excavating Pit <br />Request for Extension of Time <br />M-2000-115 <br />2