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The Board finds the Operator in violation of section 34-32.5-116(3)(a) for <br />failure to submit required annual fees and annual reports regarding permit number <br />M-2002-109. <br />The Board AFFIRMS the cease and desist order issued on July 20, 2018. <br />The Board AFFIRMS the civil penalty of $646.00 assessed on July 20, 2018 <br />The Board orders that permit number M-2002-109 is REVOKED. <br />The Board finds the financial warranty for permit number M-2002-109 to be <br />subject to forfeiture under section 34-32.5-118(1)(b), C.R.S. for Operator's failure to <br />cure a default under its performance warranty. <br />The Board directs the Division to, in accordance with section 34-32.5-118(2), <br />C.R.S., notify Operator that the financial warranty is subject to forfeiture and of its <br />right to appear at a Board hearing to consider whether the financial warranty for <br />the permit should be forfeited, such hearing to be held at least thirty days after <br />receipt of such notice. <br />The Board directs the Division to schedule this matter for a hearing to <br />consider forfeiture of the financial warranty for the permit at the next available <br />Board meeting after the required notification is issued to Operator, at least thirty <br />days after receipt of such notice. <br />DONE AND ORDERED this Lb day of dctblW-r 2018. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />ill Van Noord, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint with the district court within thirty-five (35) days after the effective <br />date of this order, pursuant to section 24-4-106, C.R.S. (2017) and the Colorado <br />A. Blasi & Son Trucking & Earthmoving, Inc. <br />M-2002-109 <br />MV -2018-017 3 <br />