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6. Operator failed to submit the annual report, fee, and map for 2015 and <br /> 2016, as required by sections 34-32.5-116(3)(a) and (b),C.R.S. <br /> 7. The Division holds a performance warranty from Operator in the NOI in <br /> which Operator warrants that it will, among other things, comply,,rrith all permit <br /> conditions,the Act. <br /> 8. The Division holds a financial-warranty for the permit in the amount of <br /> $294,914• <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter and Operator pursuant to the <br /> Act. <br /> 10. Operators are required to annually submit a report, map, and fee. C.R.S. § <br /> 34-32.5-116(3)(a) and (b) (2016). Operator failed to submit the annual report, map and <br /> fee for two years, in violation of section 34-32.5-116(3)(a) and(b), C.R.S. <br /> 11. A financial warranty is subject to forfeiture when the Board determines <br /> that an Operator is in default under a performance warranty and failed to cure such <br /> default despite written notice and ample time to do so. C.R.S. § 34-32.5-118(i)(b) <br /> (2016). By violating section 34-32.5-116(3)(a) and (b), C.R.S., Operator is in default <br /> under its performance warranty-and failed to cure such default. The financial warranty <br /> for the permit is subject to forfeiture pursuant to section 34-32.5-118(1)(b), C.R.S. <br /> 12. The Board may revoke a permit if it finds, after hearing,that a violation of <br /> the permit has occurred. C.R.S. § 34-32.5-124(6)(a) (2016). By 6olating section 34- <br /> 32.5-116(4), C.R.S., Operator is in-violation of Conditions 1 and 2 of the permit. <br /> Revocation of permit number M-2002-052 is warranted. <br /> 13. The Board may issue a cease and desist order when it determines that a <br /> provision of the Act has been violated. C.R.S. § 34-32.5-124(2) (2o16). 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. There is <br /> no information before the Board indicating that any action other than the requested <br /> action is appropriate. Therefore, based on the foregoing findings of fact and conclusions <br /> of law,the Board hereby enters the following order: <br /> The Board hereby finds Operator in violation of section 34-32.5-116(3)(a) and <br /> (b), C.RS. <br /> The Board hereby REVOKES permit number M-2002-052 in accordance with <br /> section 34-32.5-124(6),C.RS. <br /> Western Equipment&Truck,Inc. <br /> M-2002-052 <br /> MV-2017-008 2 <br />