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6. The Operator failed to submit annual fees and annual reports that were <br />due January 24, 2017 and 2018, as required by section 34-32.5-116(3), C.R.S. <br />7. The Division holds a financial warranty for permit number M-2002- <br />109 in in the amount of $7,756.00. <br />CONCLUSIONS OF LAW <br />8. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2017) ("Act"). <br />9. 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) (2017). Operator <br />failed, by the anniversary date of the permit, to submit annual reports, submit <br />annual maps, and pay annual fees, in violation of section 34-32.5-116(3), C.R.S. <br />10. The Board may issue a cease and desist order if it determines that a <br />violation of any provision of the Act or the permit has occurred. C.R.S. § 34-32.5- <br />124(2) (2017). Operator violated section 34-32.5-116(3), C.R.S. and the permit by <br />failing to file annual reports and maps, and failing to pay annual fees. <br />11. 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 <br />such permit. By violating provisions of the Act, 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 />12. The Board may final a financial warranty subject to forfeiture where <br />an Operator failed to cure a default under a performance warranty despite <br />written notice of the default and ample time to cure such default. C.R.S. § 34- <br />32.5-118(1)(b) (2017). Operator's violation of provisions of the Act and the permit <br />constitute Operator's default under its performance warranty. Operator <br />defaulted on its performance warranty, received written notice of the default, and <br />failed to cure such default. <br />ORDER <br />The 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 />A. Blasi & Son Trucking & Earthmoving, Inc. <br />M-2002-109 <br />MV -2018-017 <br />