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with this request, Cotter commenced preparation of its environmental protection plan ( "EPP ") for the JD -8 Mine. 4. On June 2, 2011, Cotter submitted to the Division its JD -8 Mine Permit Amendment Application (the "Permit Amendment "), which includes the EPP for the JD -8 Mine. Much of the EPP discusses environmental protection measures when mining resumes. 5. By letter dated July 26, 2011, the Sheep Mountain Alliance ( "Sheep Mountain ") submitted comments on the Permit Amendment. In those comments, Sheep Mountain objected to the Division's processing of the Permit Amendment, and contended that the intermittent status of the JD -8 Mine was "not allowable." Sheep Mountain has informed the Division and Cotter that it plans to raise this same objection in the hearing scheduled for this matter. The hearing is currently set for August 9, 2012. 6. On July 19, 2012, the Division issued its recommendation for approval of the Permit Amendment. See Recommendation for Approval over Objections, Hard Rock/Metal 112d -1 Permit, Amendment AM -1, Cotter Corporation, C -JD -8 Mine, Permit No. M- 1984 -014 (July 19, 2012) ( "Recommendation "). In its Recommendation, the Division found that the Permit Amendment meets the requirements of the Mined Land Reclamation Act and the Board's implementing rules, and should be approved. Id. at 5. 7. For at least two reasons, this Board should exclude from the August 9, 2012 hearing any discussion of whether the JD -8 Mine is lawfully in intermittent status. First, Sheep Mountain is time barred from raising objections to the status of the JD -8 Mine's operation. This Board's rules provide that parties who are adversely affected or aggrieved by a Division decision must appeal the decision to the Board within certain prescribed time periods. Here, the applicable time period was 30 days. See Code Colo. Regs. 407 -1, Rule 1.4.11(1)(b). The 2