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6. Operator paid the unsuspended portion of the civil penalties on <br /> January 4, 2019. <br /> 7. On March 12, 2019, the Division provided written notice that it denied <br /> Operator's 110 reclamation permit application and rationale for that decision. In its <br /> rationale for denial, the Division explained that Operator had failed to follow the <br /> notice procedures of Rule 1.6.2 and had failed to comply with Rule 6.3.12's <br /> requirements regarding permanent man-made structures located within 200 feet of <br /> the permit boundaries. <br /> 8. On March 15, 2019, the Division sent Operator a Reason to Believe a <br /> Violation Exists letter regarding Operator's failure to comply with the August 2018 <br /> Order and providing notice that the Board would consider the possible violation at <br /> its meeting on April 24, 2019. <br /> 9. At the April 24, 2019 hearing, the Division provided testimony <br /> regarding the history of Operator's violations, its 110 permit application, and the <br /> reasons for the Division's denial of the application. The Division indicated that the <br /> Operator was working to and could address the adequacy issues with its first <br /> application and that they were close to completing the application process. <br /> 10. The Operator, through Paul Martinez, testified that it was committed <br /> to restarting the application process and that it understood the requirements. <br /> CONCLUSIONS OF LAW <br /> 11. 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 /> 12. Sections 34-32.5-124(1), C.R.S. requires compliance with Board orders, <br /> permits, and regulations. By failing to comply with the corrective action contained <br /> in the Board's August 2018 Order, the Operator has violated section 34-32.5-124(1). <br /> 13. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to comply with any <br /> provision of the Act, a permit, or regulation. <br /> 14. Regarding Violation No. MV-2018-022, the Board's August 2018 Order <br /> assessed a civil penalty of$58,566.40 with all but $566.40 suspended if the Operator <br /> complied with the corrective actions in the time specified. The Operator failed to <br /> comply with Corrective Action of the August 2018 Order. Therefore the previously <br /> suspended portion of the civil penalty, $58,000, is due immediately. <br /> Martinez Western Constructors <br /> M-2018-018 <br /> MV-2019-009 2 <br />