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6. On June 28, 2021, the Division mailed the Operator a Notice of Violation, <br />number MV -2021-010, for failure to submit the required annual report, map, and fee <br />for 2021. The June 28, 2021 letter notified the Operator that the Board would hear <br />the matter at its August 18, 2021 meeting. <br />7. The Division holds a financial warranty for permit number M-2004- <br />045 in the amount of $12,000.00. The bond is adequate. <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. (2020) ("Act"). <br />9. Operators are required to submit annual report and map, and pay <br />annual fees for each year of operation. § 34-32.5-116(3), C.R.S. (2020). Operator <br />failed, by the anniversary dates of the permit for 2021, to submit its annual report, <br />and map, and pay its 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. (2020). Operator violated section 34-32.5-116(3), C.R.S. and the permit by <br />failing to file its annual report and map, and failing to pay its 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. (2020). Operator's violation of provisions of the Act and the <br />permit constitutes 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 />Kevin Ames, Rio Grande Ranch, LLC <br />M-2004-045 <br />MV -2021-010 2 <br />