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The Board AFFIRMS the civil penalty of $323.00 assessed on October 11, <br />2018 <br />The Board orders that permit number M-1978-208 is REVOKED. <br />The Board finds the financial warranty for permit number M-1978-208 to be <br />subject to forfeiture under section 34-32.5-118(i)(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 41h day of December 2018. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Lauren Duncan, 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. (2018) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />designations of record made in accordance with section 24-4-106(6), C.R.S. should <br />be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br />Attention: Camie Mojar <br />Elk Creek Sand and Gravel, LLC <br />M-1978-208 <br />MV -2018-039 <br />3 <br />