2019-12-09_ENFORCEMENT - M2015022

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The Board AFFIRMS the cease and desist order issued on August 15, 2019. The Board AFFIRMS the civil penalty of$5Q4.t�0 assessed 2019. on August 15, The Board orders that permit number M-2015-022 is REVOKED. The Board funds the financial warranty for perm number tuber M-2015-022 •�s subject to forfeiture under section 34-32.5-118(1)(b), C.R.S. for . Operator's(allure to cure a default under its performance warranty. The Board directs the Division to, in accordance with section - _ C.R.S., not' Operator that 34 32.5 118(2}, y p t the financial warranty is subject to forfeiture . right to a 3 �ture and of its appear at a Board hearing to consider whether the financial warrant the permit should be forfeited y for such hearing to be held at least thirty days after receipt of such notice. The Board directs the Division to schedule this matter for ' a hearing to consider forfeiture of the financial warranty for the permit at p the next available Board meeting after the required notification is issued to Operator, at le days after receipt of such p least thirty p notice. DONE and ORDERED this„'Ic . day of ��•��rt,. _. 2019. FOR THE COLORADO MINED LAND REC I 0 D Forrest Luke, Chair NOTICE OF JUDICL4L REVIEW RIGHTS This order becomes effective and final upon mailing. Any y party y adversely affected or aggrieved by agency action may commence an action for judicial review in faint with t � e by filing a complaint he district court within thirty-five (35) days after the effective date of this order, pursuant to section 24-4-106, C.R.S. (2019) an,d th. e Colorado Rules of Civil Procedure. In the event that a complaint for p judicial review is f filed, designations of record made in accordance with section 24-4-106 ( }, C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215 Denver, CO 80203, Attention: Camie Mojar. Lazy H, Inc. M-2015 022 MV-2019-021