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CONCLUSIONS OF LAW <br />17. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Act. <br />18. The C -JD -8 Mine is a designated mining operation. § 34- 32- 103(3.5)(a)(III), <br />C.R.S. (2011). <br />19. Under the Act, the Division and the Board shall approve a permit or <br />amendment application for an operator who complies with section 34- 32- 115(4), <br />C.R.S. Amendment AM -01 minimally complies with section 34-32- 115(4), C.R.S. <br />ORDER <br />The Board grants the Motion to Limit, excluding from the hearing the issue <br />of whether the mine is lawfully in intermittent status. <br />The Board AFFIRMS the recommendation of the Division of Reclamation, <br />Mining and Safety to approve the application to amend permit number M- 1984 -014. <br />DONE AND ORDERED this / 7 t day of <br />Cotter Corporation (N.S.L.) <br />C -JD -8 Mine/M-1984-014 <br />7 2012. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a notice of appeal with the district court within thirty (30) days after the effective <br />date of this order, pursuant to section 24 -4 -106, C.R.S. (2011). In the event that an <br />appeal is filed, designations of record made in accordance with section 24- 4- 106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver. <br />CO 80203, Attention: Sitira Pope. <br />3 <br />