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8. On April 9, 2009, the Division responded to the Applicant's material <br />submitted in response to the adequacy review. <br />9. The outstanding adequacy review issues outlined by the Division included that <br />proof of notice to an adjacent landowner was not submitted pursuant to Rule 1.6.2(1)(e) - (g) <br />of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials ("Construction Rules"). Also, the structure damage <br />reimbursement agreement was inadequate. <br />10. The Division's April 9, 2009 response to the Applicant included the following: <br />the Applicant was required to serve the proper notice to the adjacent landowner and provide <br />41 days to comment on the application; the Applicant was required to submit a notarized <br />structure damage reimbursement agreement; and that a formal public hearing on the matter <br />was scheduled for the June 10 and 11, 2009 Board meeting. <br />11. The Applicant submitted to the Division proof of notice to the adjacent <br />landowners that gave them 41 days to comment on the application and an adequate structure <br />damage reimbursement agreement on April 10, 2009. <br />12. As of April 11, 2009 all of the outstanding adequacy review issues had been <br />resolved except for the 41 day comment period for the adjacent landowner. April 11, 2009 <br />was the Division's decision date, 365 days from the date the application was considered <br />filed. <br />13. The last day of the comment period for the adjacent landowners was May 21, <br />2009. As of that date no objections or comments had been received by the Division. <br />14. The Division recommended that the conversation application be approved <br />because the Applicant addressed all of the adequacy review items. <br />CONCLUSIONS OF LAW <br />15. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 124 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (2008) ("Act"). <br />16. Pursuant to Construction Rule 1.4.1(9), an applicant may request that the <br />review time of an application be extended and the decision date reset, not to exceed 365 days <br />from the date the application was filed. "If at the end of the 365 day period, the application <br />has outstanding adequacy issues, the Office may set the matter for a Board hearing. At the <br />hearing the Board may deny, or approve the application with or without conditions." Here, <br />because there are no outstanding adequacy issues, it is appropriate for the Board to approve <br />the conversion application. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />approves the Applicant's conversion application for permit number M-1981-138. <br />Baca County Government <br />Bulkley Pit, M-1981-138