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Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, and <br />Designated Mining Operations. <br />7. On December 29, 2011, the Division approved the request to extend the submittal <br />date of the EPP, due to be submitted to the Division by November 23, 2012. The Division did <br />not receive the EPP by November 23, 2012. <br />8. On November 29, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter for failure to timely submit an EPP. The Division's letter provided notice <br />regarding the alleged violations and information about the January 9, 2013 hearing. <br />9. On January 7, 2013, the Operator admitted the violation and agreed to the <br />Division's recommendations. <br />10. The Board has jurisdiction over this matter pursuant to the Colorado Mined Land <br />Reclamation Act, Article 32 of Title 34, C.R.S. (2012) ( "Act "). <br />11. Operators holding a permit for a designated mining operation must submit a fee <br />and proposed EPP for approval by the Division or Board by the date established by the Board by <br />rule. § 34- 32- 116.5(3)(a), (b), C.R.S. (2012). <br />12. Rule 7.2.3(2)(c) states, in part: <br />Upon receipt of the Office notice, the Operator of an existing mining operation <br />shall: <br />13. The Operator failed to submit the required EPP within the time required by Rule <br />7.2.3(2). <br />Calais Resources Colorado, Inc. <br />Hopemore Shaft, M -1990 -057 <br />MV- 2013 -001 <br />CONCLUSIONS OF LAW <br />(a) within sixty (60) days file a demonstration that the existing permit application <br />for the operation contains the necessary elements of an Environmental Protection <br />Plan, Subsection 6.4.21. .... Upon notice that the existing permit application <br />does not contain the elements of an Environmental Protection Plan, the Operator <br />shall either: <br />(b) within one hundred eighty (180) days submit an Environmental Protection <br />Plan to the Office; or <br />(c) within thirty (30) days request a period longer than one hundred and eighty <br />(180) days, not to exceed one (1) year, to file such plan based on a demonstration <br />satisfactory to the Office that additional time is needed to prepare an <br />Environmental Protection Plan. <br />2 <br />