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, .Mar 27 12 10:26a Mary Keyes 303 984 0362 p.3 <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 /> relief requested is appropriate. Therefore, based on the foregoing, the Board enters <br /> the following order: <br /> The Board finds the Operator in violation of the Act pursuant to section 34- <br /> 32-124, C.R.S., for failure to comply with an order, permit, or regulation. <br /> The Board finds the Operator in violation of section 34-32-118(1)(b), C.R.S. <br /> for failing to cure a default under a performance warranty. <br /> The Board finds that, in accordance with section 34-32-118(1), C.R.S. and Rule <br /> 4.20(1)(b), the financial warranty for permit number M-1994-117 in the amount of <br /> $47,243.00 is subject to forfeiture. <br /> DONE AND ORDERED this 070 day of a 2012. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Barbara Green, 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 notice of appeal with the district court within thirty (30) days after the effective <br /> date of this order, pursuant to section 24-4-106, C.R.S. (2010). In the event that an <br /> appeal is filed, designations of record made in accordance with section 24-4-106(6), <br /> C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br /> CO 80203, Attention: Sitira Pope. <br /> AGC Resources, LLC <br /> Gold Hill Mill, M-1994-117 <br /> MV-2012-005 4 <br />