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FROM : WDPT PHONE NO. : 3034801915 Jul. Oe 2010 04:32PM P6 <br />7. The Opc.rator wbo-fitted additiundl duLa tai, Ju.tie 2, 2010 dial s4d6fled'the <br />Division°s remaining adequacy concerns. <br />8. At the June 2010 Board hearing, the Division recommended approving the <br />Operator's permit application, <br />CONCLUSIONS OF LAW <br />9. The Board has jurisdiction over this matter pursuant to §§ 34-32-104 through <br />107, and 124 of the Colorado Mined Land Reclamation Act, §§ 34-32-101 through 125, <br />C.R.S. (2009). <br />10. Pursuant to § 34-32.5-109, CRS-, an operator must obtain a reclamation <br />permit from the Division before engaging in a new operation. <br />11. Here the Operator is applying for a section 112d(1) permit pursuant to § 34- <br />32-112.5(2)(d), C.R.S. <br />1.2. Rule 1.4.1(9) of the Mineral Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for Hard Rock, Metal and Designated Miming Operations ("Hard <br />Rnnk Rnln.q") ri-q irnS thnt :'t dt-nkinn he- mnrle nn an nrNplientinn AhAthin 16+S -dvtys from the <br />date the application or amendment was filed. The Rule then states "if, at the end of the 365 <br />day period, the application has outstanding adequacy issues, the Office may set the matter for <br />a Board hearing. At the hearing the board may deny, or approve the application with or <br />without conditions." <br />13. Here, the Operator has satisfied the Division's adequacy concerns. <br />14. The Division recommends that the mining reclamation permit be approved- <br />15. Therefore, it is appropriate and within the Board's discretion to approve the <br />Operator's reclamation permit application. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />approves the reclamation. permit application for the Nuvemco Last Chance Mine, File <br />Number M-2008-012. <br />DONE AND ORDERED this day of _ __ _ _ <br />2010. <br />FOR THE COLORADO <br />Mined Land <br />Nuvemco, LLC <br />Consideration of Permit Application <br />M-2008-012 2