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7. The Division holds a financial warranty for permit number M-2015- <br /> 022 in in the amount of$34,Oo4.00. <br /> CONCLUSIONS USIONS of LAW <br /> 8. The Board has jurisdiction over this matter pursuant to the <br /> p Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials,Article 32.5 of <br /> Title 34, C.R.S. (2019) ("Act"). <br /> 9. operators are required to submit annual reports and maps, an <br /> p p � d pay <br /> annual fees for each year of operation. § 34-32.5-110(3), C.R.S. (2019). Ofailed � Operator <br /> by the anniversary date o£the permit, to submit annual reports, submit <br /> ubrnxt <br /> annual maps, and pay annual fees, in violation of section 34-32.5-118 3 <br /> � ), C.R.S. <br /> 10. 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. <br /> § 34-32.5- <br /> 12 4(2), <br /> C.R.S. (2019). Operator violated section 34-32.5-118 3 C.R.S. and the ' <br /> . . � }� a permit by <br /> failing to Me annual reports and maps, and failing to pay annual fees. <br /> 11. Under section 34-32.5-124(0)(a), C.R.S., if the Board finds that an <br /> operator violated a permit provision, the Board md ' or revoke <br /> such may suspend, modify, <br /> violating previsions of the Act, operator is in violation.of <br /> provi permit. By violatisions of the permit, specifically the performance warranty. Suspension, <br /> modification, or revocation of theY p on'permit is appropriate. <br /> . <br /> 12. The Board may find a financial warranty subject to forfeiture where <br /> an Operator failed to cure a default under a performance warrant despite <br /> Y <br /> written notice of the default and ample time to cure such default. § 34-32.5- <br /> 118(1)(b)2 C.R.S. (2019). Operator's violation of provisions of the Act and the <br /> permit constitute Operator's default under its performance warranty. Operator <br /> Aerator <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 an mitigating f <br /> y g' g actors. <br /> There is no information before the Board indicating that any action other than <br /> the <br /> requested action is appropriate. Therefore, based on the foregoing findin s of fact <br /> ve <br /> and conclusions of la the Board hex g <br /> hereby enters the following order: <br /> The Board finds the Operator in violation of section 34-32.5-110 3 a and <br /> )� )� •�) <br /> C.R.S.S. for failure to submit required annual fee, annual report, and maps regarding <br /> permit number M-201.5-022 p g � <br /> and AFFIRMS violation N1V-2�19-921. <br /> Lazy H, Inc, <br /> III-2015-022 <br /> MV-2019-021 2 <br />