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Thi- Board finds tho Operator in violation of,,ection 34-32.5-116(3)(a), and (b) <br />C.R.S. for failure to submit required annual fee, annual report, and maps regarding <br />permit number M -2004 -045 - <br />Operator shall CEASE AND DESIST any further mining activities at the site, <br />except those activities approved by the Division in writing, as necessary to comply <br />with the conditions of this Order, prevent damage to off-site areas, or to protect <br />human health and safety. <br />The Board orders that permit number M-2004-045 is REVOKED. <br />The Board finds the financial warranty for permit number M-2004.045 is <br />subject to forfeiture under section 34-32.5-118(1)(b), C.R.S. for Operator's failure to <br />cure a default under its performance warranty. <br />The Board directs the Division to, in accordance with section 34-32.5-118(2), <br />C.R.S_, notify Operator that the financial warranty is subject to forfeiture and of its <br />right to appear at a Board hearing to consider whether the financial warranty for <br />the permit should be forfeited, such hearing to be held at least thirty days after <br />receipt of such notice. <br />The Board directs the Division to schedule this matter for a hearing to <br />consider forfeiture of the financial warranty for the permit at the next available <br />Board meeting after the required notification is issued to Operator, at least thirty <br />days after receipt of such notice. <br />DONE and ORDERED this day of _ 2021. <br />FOR THE COLORADO MINED LAND <br />RECLAMATIBO3A <br />flu Du it <br />NOTICE OF JUDICIAL REVIEW RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint with the district court within thirty-five (35) days after the effective <br />date of this order, pursuant to section 24-4-106, G.R.S. (2020) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />designations of record made in accordance with section 24-4-1.06(6), C.R.S. should <br />Kevin Ames, Rio Grande Ranch, LLC <br />M-2004-045 <br />MV -2021.010 3 <br />