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7. The Division holds a financial warranty for permit number M-1981- <br /> 286 in in the amount of$25,000.00. <br /> CONCLUSIONS OF LAW <br /> 8. 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. (2019) ("Act"), <br /> 9. Operators are required to submit annual reports and maps, and pay <br /> annual fees for each year of operation. § 34-32.5-110(3), C.R.S. (2019). Operator <br /> failed, by the anniversary date of the permit, to submit annual reports, submit <br /> annual reaps, and pay annual fees, in violation of section 34-32.5-116(3), 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. § 34-32.5-124(2), <br /> C.R.S. (2019). Operator violated section 34-32.5-116(3), C.R.S. and the permit by <br /> failing to file annual reports and maps, and failing to pay annual fees, <br /> 11. Under section 34-32.5-124(6)(a), C.R.S., if the Board finds that an <br /> operator violated a permit provision., the Board may suspend, modify, or revoke <br /> such permit. By violating provisions of the Act, Operator is in violation of <br /> provisions of the permit, specifically the performance warranty. Suspension, <br /> modification, or revocation of the permit is appropriate. <br /> 12. The Board may find a financial warranty subject to forfeiture where <br /> an Operator failed to cure a default under a performance warranty despite <br /> written notice of the default and ample time to cure such default. § 34-32.5- <br /> 118(1)(b), 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 /> 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 any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board hereby enters the following order: <br /> The Board finds the operator in violation of section 34-32.5-118(3)(a), and (b) <br /> C.R.S. for failure to submit required annual fee, annual report, and maps regarding <br /> permit number M-1981-286 and AFFIRMS violation MV-2020-007. <br /> RWT Excavating and Demolition LLC <br /> M-1081 286 <br /> M 2020 00 <br />