2021-08-02_ENFORCEMENT - M1995057

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The Board finds the Operator in %iolation of section 34-32.:)-1 16(:3)(a), and (h) C.R.S. for failure to suhmit required :annual fee, annual report. and maps regarding permit number i1I-1995-057. The Board AFFIRMS the cc,ase Arid desist carder issued on March 11 , 2021 The Board :lFFIIZ3\IS the CivII Penalty of,$323.00 assessed March 11, 2021. The Board carder;; that Permit number Nt-1995-002 is ItI?�'U1�Lll. The Board finds the financial x arrzintV fol, Permit nurnher M-1995-0,5 i is subject to forfeiture tinder suction :3.1-:32.5-113(1)(1)), C.R.S. for Operator's failure to cure a default under its performance "'Irranty, The Board directs the Di4,iston to. In accordance \crth section 31-32.5-118(2). C.R.S.. notify Operator that the financial Nv trranty- is subject to forfeiture and of lt; right to appear at a Board hearing to consider whether the frxlancraf warranty for the permit should he forfeited, Such hearing to be IWId at Iea;t thirty clays after receipt of such notice. The Board directs the Division to ;('}recline this matter for a hearing to consider forfeit ure of the financial warranty- for the permit at the next available Board meeting after the required notification is issued to Operator, at least thirty days after receipt of such notice. DONE rand ORDERED this - day of' p-, 2021. FOR THE COLOR.- W MINED LAND REC'I.A1IATIO Lit Dtancar khan• NOTICE OF JUllICIAL REVIEW RIGHTS This order becomes effective and final upon mailing. Any party adversely affected or aggrieved by agency action may commence an action for judicial review by filing a complaint with the district court within thirty--five (35) days after the effectivC date of this order, pursuant to section 24-4-106, C.R.S. (2020) and the Colorado Rules of Civil Procedure. In the event that a complaint for judicial is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should Deb Rudibaugh ° M-1995-057 :; s MST-2021-002 3