2018-11-06_ENFORCEMENT - M1999047

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ORDER Operator did not appear in this matter to present any mitigating factors. There is no information before the Board indicating that any action other than the requested action is appropriate. Therefore, based on the foregoing findings of fact and conclusions of law, the Board enters the following order: The Board finds Dry Creek Gulch Farms, LLC in violation of section 34-32.5- 116(3) of the Act for failing to submit required annual fees, annual report, and map. The Board finds Dry Creek Gulch Farms, LLC in violation of permit number M-1999-047. The Board AFFIRMS the cease and desist order issued on August 7, 2018. The Board AFFIRMS the civil penalty of$323.00 assessed on August 7, 2018 The Board orders that permit number M-1999-047 is REVOKED. The Board finds the financial warranty for permit number M-1999-047 to be subject to forfeiture under section 34-32.5-118(1)(b), C.R.S. for Operator's failure to cure a default under its performance warranty. The Board directs the Division to, in accordance with section 34-32.5-118(2), C.R.S., notify Operator and all financial warrantors that the financial warranty is subject to forfeiture and of their right to appear at a Board hearing to consider whether the financial warranty for the permit should be forfeited, such hearing to be held at least thirty days after receipt of such notice. The Board directs the Division to, if Operator fails to cure the violations cited in this Order within ten days of the effective date of this Order, schedule this matter for a hearing to consider forfeiture of the financial warranty for the permit at the next available Board meeting after the required notification is issued to Operator, at least thirty days after receipt of such notice. DONE and ORDERED this 2iday of VLA 2018. FOR THE COLORADO MINED LAND RECLAMATION BOARD LA ill Van Noord, Chair Dry Creek Gulch Farms, LLC M-1999-047/Adamson Bros. Mine MV-2018-024 3