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-MAY/26/2011/THU 04;22 PM FAX No, P.004 <br />until the approval of an amendment that was part of the corrective action for MV- <br />2009-012. <br />5. At the May 2010 Board meeting, the Operator requested and was <br />granted an extension of time to submit an amendment to the Division. <br />6, On May 10, 2011, the Division received a letter from the Operator, <br />dated April 29, 2011, requesting an extension to the deadline to submit an amended <br />reclamation and m.iaing plan for the Pike View Quarry, The Operator proposes to <br />conduct additional investigation regarding the stability of the core of the mountain. <br />7. At the May 11, 2011 Board meeting, the Operator testified that the <br />slide area is still unstable and has experienced subsidence. The Operator has a <br />monitoring system in place to track the slide's movement- However, the Operator <br />testified that it needs to conduct further investigation. <br />8. The Division does not object to the Operator's request. <br />CONCLUSIONS OF LAW <br />9. It is within the Board's discretion, to modify an order for good cause <br />shown. There is good cause to modify the Board's June 11, 2009 Order in this <br />matter. The Operator cannot formulate an amendment plan without conducting <br />further analysis at the site. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby grants the Operator's request for extension of time. The Operator shall <br />submit the amendment that was part of the corrective action for MV-2009-012 by <br />May 13, 2012. <br />DONE AND ORDERED this ? day of /h&--i 2011. <br />FOR THE COLORADO MINED BAND <br />RECL.4lV1ATION BOARD <br />Elizabeth Paranhos, Chair <br />Continental Materials <br />Pike View Quarry, M-1977-211 <br />MV-2009-012 <br />2