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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br />requested action is appropriate. Therefore, based on the foregoing findings of fact <br />and conclusions of law, the Board enters the following order: <br />The Board FINDS Elk Creek Sand & Gravel in violation of the Act under <br />sections 34-32.5-116(3), C.R.S. and Rule 5.8 for failing to submit the annual report, <br />map, annual fee for 2020. <br />The Board hereby REVOKES permit number P-2019-005 in accordance with <br />section 34-32.5-124(6)(a), C.R.S. <br />The Board FINDS that the financial warranty for P-2019-005 in the amount <br />of $2,000 is subject to forfeiture for Prospector's failure to cure a default under the <br />performance warranty and that notice that the financial warranty is subject to <br />forfeiture has been provided in accordance with section 34-32.5-118(2), C.R.S. <br />The Board orders that the financial warranty for Notice of Intent number P- <br />2019-005 is FORFEITED and orders affected financial warrantors to immediately <br />deliver to the Board all amounts warranted by applicable financial warranties. <br />DONE and ORDERED this _2�� day of 2020. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Nell Wareham -Morris, Chair <br />NOTICE OF APPEAL FIGHTS <br />This Order becomes effective and final upon mailing. Any party adversely affected or <br />aggrieved by agency action may commence an action for judicial review by filing a <br />notice of appeal 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. (2020). In the event that an <br />appeal is filed, designations of record made in accordance with section 24-4-106(6), <br />C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br />CO 80203, Attention: Camille Mojar. <br />Elk Creek Sand & Gravel <br />P-2019-005 <br />PV-2020-002 <br />3 <br />