2021-08-18_ENFORCEMENT - M1995057

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The Board finds the Operator in violation of section 34-32.5-116(3)(a), and (b) C.R.S. for failure to submit required annual fee, annual report, and maps regarding permit number M-1995-057. The Board AFFIRMS the cease and desist order issued on March 11, 2021, The Board AFFIRMS the civil penalty of$323.00 assessed March 11, 2021. The Board orders that permit number M-1995-002 is REVOKED. The Board finds the financial warranty for permit number M-1995.057 is subject to forfeiture under section 34-32.5-118(1)(b), C.R.S. for Operator's failure to cure a default under its performance warranty. The Board directs the Division to, in accordance with section 34-32.5.118(2), C.R.S., notify Operator that the financial warranty is subject to forfeiture and of its right to appear at a Board hearing to consider whether the financial warranty for the permit should be forfeited, 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 the next available Board meeting after the required notification is issued to Operator, at least thirty days after receipt of such notice. DONE and ORDERED this-3--t•41 day of fi 2021. FOR THE COLORADO MINED LAND REGLAMATI L Dunca air NOTICE OF JUDICIAL ,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 effective 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 review is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should Deb Rudibaugh M-1995.057 MV-2021-002 3 o rvn..