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13. The Board may revoke a permit if it finds, after hearing, that an <br /> operator is late in payment of annual fees by more than sixty days. C.R.S. § 34- <br /> 32.5-116(3)(b) (2015). Operator failed to pay its annual fee for 2015 within sixty <br /> days of the permit anniversary date. <br /> 14. The Board may revoke a permit if it finds, after hearing, that a <br /> violation of a permit provision has occurred. C.R.S. § 34-32.5-124(6) (2015). By <br /> violating section 34-32.5-116(3)(a) and (b), C.R.S., Operator is in violation of the <br /> performance warranty, which is part of the permit. <br /> 15. The Board may issue a cease and desist order when it determines that <br /> a provision of the Act has been violated. C.R.S. § 34-32.5-124(2) (2015). Operator <br /> violated the Act, specifically section 34-32.5-116(3)(a) and (b), C.R.S. <br /> ORDER <br /> Operator did not appear in this matter to present any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board hereby enters the following order: <br /> The Board affirms the Division's March 21, 2016 Notice of Violation, civil <br /> penalty assessment, and order to cease and desist. <br /> The Board hereby finds Operator in violation of section 34-32.5-116(3)(a) <br /> and (b), C.R.S. <br /> The Board hereby revokes permit number M-2012-024 in accordance with: <br /> (1) section 34-32.5-116(3)(a) and (b), C.R.S. for failing to submit an annual report, <br /> map, and annual fee within sixty days of the permit anniversary date; and <br /> (2) section 34-32.5-124(6), C.R.S. for violating a permit provision by violating the <br /> performance warranty. <br /> The Board finds that, in accordance with section 34-32.5-116(3)(b) and 34- <br /> 32.5-118(1)(b), C.R.S., the financial warranty for permit number M-2012-024 is <br /> subject to forfeiture. In accordance with section 34-32.5-118(2), C.R.S., the Board <br /> directs the Division to notify Operator and all financial warrantors that the <br /> financial warranty for permit number M-2012-024 may be subject to revocation at a <br /> Board hearing to be held at least thirty days after receipt of such notice. <br /> DONE AND ORDERED this day of L4 A 2016. <br /> Garnet Mesa Investments, LLC <br /> Warren Gravel Pit, M-2012-024 <br /> Notice of Violation MV-2016-003 3 <br />