Laserfiche WebLink
from all mining related activities at the site and provided details regarding a hearing <br /> on this matter scheduled for September 26, 2018. <br /> 6. Operator failed to submit annual reports, fees, and maps for 2018, as <br /> required by section 34-32.5-116(3), C.R.S. <br /> 7. The permit includes a performance warranty in which Operator agreed <br /> to comply with all permit conditions, all rules and regulations promulgated pursuant <br /> to the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br /> Article 32.5 of Title 34, C.R.S. ("Act") and to submit its annual reports and fees on the <br /> anniversary date of the permit. Operator's violations of section 34-32.5-116(3), C.R.S. <br /> constitutes Operator's default under the performance warranty and violation of the <br /> permit. <br /> CONCLUSIONS OF LAW <br /> 8. The Board has jurisdiction over this matter and Operator pursuant to <br /> the 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) (2018). Operator <br /> failed, by the anniversary date of the permit, to submit annual report, submit <br /> annual map, 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) (2018). Operator violated section 34-32.5-116(3), C.R.S. and the permit by <br /> failing to file annual report and map, 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 find 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) (2018). 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 /> Dry Creek Gulch Farms, LLC <br /> M-1999-047/Adamson Bros. Mine <br /> MV-2018-024 2 <br />