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The Board AFFIRMS the civil penalty of$323.00 assessed on August 16, <br /> 2019. <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 is <br /> subject to forfeiture under section 34-32.5-118(1)(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 :' a day of tit- 2019. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION-BOARD <br /> Forrest Luke, 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. (2019) 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-2019-022 3 <br />