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7. On August 17, 2017, the Division received its July 21, 2017 Notice of <br /> Violation letter by return mail from the U.S. Postal Service, marked "Undeliverable— <br /> Unable to Forward." <br /> 8. Operator failed to submit annual reports, fees, and maps, as required by <br /> sections 34-32.5-116(3)(a), (b), C.R.S.. <br /> g. The permit includes a performance warranty in which Operator agreed that <br /> 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, R.S. ("Act"). Operator's violations of the <br /> Act constitute Operator's default under the perfbrmance warranty and violation of the <br /> permit. <br /> i <br /> CONCLUSIONS OF LAW <br /> 10. The Board has jurisdiction over this matter and Operator pursuant to the <br /> Act. <br /> 11. Operators are required to submit annual reports and maps, and pay <br /> annual fees for each year of operation. C.R.S. §§ 34-32.5-116(3)(a), (b) (2016). Operator <br /> failed,by the anniversary date of the permit,to <br /> �submit annual reports, submit annual <br /> maps, and pay annual fees, in violation of section 34-32.5-116(3)(a), (b), C.R.S. <br /> 12. 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. § 34-32.5- <br /> 124(2) (2o16). Operator violated section 34-32.5-116(3)(a), (b), C.R.S. by failing to file <br /> annual reports and maps, and failing to pay annual fees. <br /> 13. Under section 34-32.5-124(6)(a),C.R.S.,if the Board finds that an <br /> operator violated a permit provision,the Board may suspend, modify, or revoke such <br /> permit. By violating provisions of the Act and Rules, Operator is in violation of <br /> provisions of the permit, specifically the performance warranty. Suspension, <br /> modification, or revocation of the permit is appropriate. <br /> 14. Pursuant to section 34-32.5-124(7), C.R.S. the Board may impose a civil <br /> penalty of not less than $too per day nor more than $1,000 per day for each day during <br /> which a permit violation occurs. <br /> 15. The Board may find a financial warranty subject to forfeiture where an <br /> Operator failed to cure a default under a performance warranty despite written notice <br /> of the default and ample time to cure such default. C.R.S. §34-32.5-118(1)(b) (2o16). <br /> Operator's violation of provisions of the Act constitutes Operator's default under its <br /> performance warranty. Operator defaulted on its performance warranty, received <br /> written notice of the default, and failed to cure such default. <br /> Moffat Limestone Company <br /> M-1g82-141 <br /> MV-2017-031 2 <br />