Laserfiche WebLink
6. On February 14, 2017, the Division received its December 23, 2016 <br /> letter by return mail from the U.S. Postal Service marked "Return to Sender— <br /> Unable to Forward." <br /> 7. On January 3, 2017, the Division received its December 23, 2016 letter <br /> by return mail from the U.S. Postal Service marked "Return to Sender—Unable to <br /> Forward." <br /> 8. Operator failed to pay the annual fees or submit the annual reports and <br /> maps by the anniversary date or at any time since. <br /> 9. On June 22, 2017, the Division mailed a Notice of Violation, Civil <br /> Penalties, Cease and Desist Order, and Notice of Formal Board Hearing to Operator, <br /> informing Operator of the possible violation and providing details regarding a <br /> hearing on this matter scheduled for July 26, 2017. <br /> 10. On July 7, 2017, the Division received payment of the civil penalty <br /> imposed in its June 22, 2017 Notice of Violation letter. <br /> 11. Operator failed to submit annual reports, fees, and maps, as required <br /> by sections 34-32.5-116(3)(a), (b), C.R.S.. <br /> 12. The permit includes a performance warranty in which Operator agreed <br /> that all operations shall be in compliance with the Act and all rules and regulations <br /> promulgated pursuant to the Colorado Land Reclamation Act for the Extraction of <br /> Construction Materials,Article 32.5 of Title 34, C.R.S. ("Act"). Operator's violations <br /> of the Act constitute Operator's default under the performance warranty and <br /> violation of the permit. <br /> CONCLUSIONS OF LAW <br /> 13. The Board has jurisdiction over this matter and Operator pursuant to <br /> the Act. <br /> 14. Operators are required to submit annual reports and maps, and pay <br /> annual fees for each year of operation. C.R.S. §§ 34-32.5-1I6(3)(a), (b) (2016). <br /> Operator failed, by the anniversary date of the permit, to submit annual reports, <br /> submit annual maps, and pay annual fees, in violation of section 34-32.5-116(3)(a), <br /> (b), C.R.S. <br /> 15. The Board may issue a cease and desist order if it determines that a <br /> violation of any provision of the Act or any regulation has occurred. C.R.S. § 34- <br /> 32.5-124(2) (2016). Operator violated section 34-32.5-116(3)(a), (b), C.R.S. by failing <br /> to file annual reports and maps, and failing to pay annual fees. <br /> Jeannette J.Yaklich-Houston and Edward M.Yaklich <br /> M-1989-024/Shangri La Pit <br /> MV-2017-026 2 <br />