2016-04-04_ENFORCEMENT - M2012024

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annual report and map by March 21, 2016, and ordered Operator to cease and desist from mining activities associated with permit number M-2012-024. 5. Operator failed to submit the 2015 annual fees, pay the civil penalty assessed by the NOV, submit the 2015 annual report, and submit the 2015 annual map by March 21, 2016. 6. The Division holds a performance warranty from Operator in which Operator warrants that it will, among other things, comply with all permit conditions, the Colorado Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. ("Act"), and Board rules. 7. The Division holds a financial warranty for permit number M-2012- 024 in the amount of$28,734.84. CONCLUSIONS OF LAW 8. The Board has jurisdiction over this matter pursuant to the Act. 9. Operators are required to annually submit a report and a map showing the extent of disturbance to affected land, reclamation accomplished, anticipated disturbances, and reclamation to be performed. C.R.S. 34-32.5-116(3)(a) (2015). Operator failed to submit the annual report and map for 2015, in violation of section 34-32.5-116(3)(a), C.R.S. 10. Under section 34-32.5-116(3)(b), operators are required to annually submit the fee specified in section 34-32.5-125(1), C.R.S. Operator failed to submit its required annual fee for 2015, in violation of section 34-32.5-116(3)(b), C.R.S. 11. A financial warranty is subject to forfeiture when the Board determines that an Operator is late in payment of annual fees by more than sixty days. C.R.S. § 34-32.5-116(3)(b) (2015). Operator has not paid annual fees for 2015 within sixty days of the permit anniversary date or at any time since. The financial warranty for permit number M-2012-024 is subject to forfeiture pursuant to section 34-32.5-116(3)(b), C.R.S. 12. A financial warranty is subject to forfeiture when the Board determines that an operator is in default under a performance warranty and failed to cure such default despite written notice and ample time to do so. C.R.S. § 34-32.5-118(1)(b) (2015). By violating section 34-32.5-116(3)(a) and (b), C.R.S., Operator is in default under its performance warranty and failed to cure such default. The financial warranty for permit number M-2012-024 is subject to forfeiture pursuant to section 34-32.5-118(1)(b), C.R.S. Garnet Mesa Investments, LLC Warren Gravel Pit, M-2012-024 Notice of Violation MV-2016-003 2