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CONCLUSIONS OF LAW <br />7. 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. (2018) ("Act"). <br />8. Operators are required to submit annual reports and maps, and pay <br />annual fees for each year of operation. § 34-32.5-116(3), C.R.S. (2018). 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 />9. 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. § 34-32.5-124(2), <br />C.R.S. (2018). 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 />10. 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 />11. 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. § 34-32.5- <br />118(1)(b), C.R.S. (2017). Operator's violation of provisions of the Act and the <br />permit 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 />The Board finds the Operator in violation of section 34-32.5-116(3)(a) for <br />failure to submit required annual fee, annual report, and maps regarding permit <br />number M-1978-208 and AFFIRMS violation MV -2018-039. <br />The Board AFFIRMS the cease and desist order issued on October 11, 2018. <br />Elk Creek Sand and Gravel, LLC <br />M-1978-208 <br />MV -2018-039 <br />