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58. The Operator's Notice of TC for each of the Mines properly and timely <br />requested that the Division reclassify the Mines from intermittent status to <br />temporary cessation status effective December 15, 2012. <br />59. The Operator has conducted "mining operations" at each of the Mines <br />since the Mines were reclassified as intermittent status in 1990 -1991. <br />60. The Division, the Operator, and INFORM prepared a Proposed <br />Stipulated Prehearing Order that was submitted to the Board at the April 17, 2013 <br />hearing. The Board accepted the Proposed Stipulated Prehearing Order as <br />submitted by the parties. <br />CONCLUSIONS OF LAW <br />61. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ( "Act "). <br />62. INFORM bears the burden of proof pursuant to Rule 2.8.1(1). <br />63. If an operator plans to, or does, temporarily cease production of the <br />mining operation for one hundred days or more, the operator must file with the <br />Division a Notice of Temporary Cessation in writing. C.R.S. § 34- 32- 103(6)(a)(II); <br />Rule 1.13.5(1) and (2). The Operator's Notice of TC complied with Rule 1.13.5. <br />64. Pursuant to Rule 1.13.6(1), upon receipt of the submission per Rule <br />1.13.5, the Division must place a Notice of Temporary Cessation on the agenda of <br />the next regular Board meeting and give notice by mail to the operator, the county, <br />and any municipalities within two (2) miles of the operation. The Division properly <br />placed the Notice of TC on the Board's next regular meeting agenda and provided <br />the notice required by Rule 1.13.6. <br />65. Under Rule 1.13.6(2), the Board, at its meeting and in consultation with <br />the operator and any other person who demonstrates that such person is directly and <br />adversely affected or aggrieved and whose interest is entitled to legal protection <br />under the Act, may take whatever action the Board deems necessary and authorized <br />by law, including but not limited to. acceptance of the Notice of Temporary Cessation <br />as submitted; acceptance of the Notice of Temporary Cessation with modifications <br />and other necessary activities as ordered by the Board; determination that the <br />mining operation is not in a state of temporary cessation; continuance of the matter <br />for another month or more to allow the Operator to revise the Notice of Temporary <br />Cessation and/or to allow the Division to conduct a site inspection or otherwise <br />review the matter as necessary. <br />Cotter Corporation (N.S.L.) <br />M- 1977 -305, M- 1977 -306, M- 1977 -310, <br />M- 1977 -311, M- 1977 -451, M 1979 -094HR <br />