Laserfiche WebLink
CONCLUSIONS OF LAW <br /> 16. The Board hasjurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act for the Extraction of Construction Materials,Artide 32.5 of <br /> Title 34,C.R.S.(2021). <br /> 17. Section 34-32.5-124(1),C.R.S.requires compliance with Board orders, <br /> permits,and regLbtions. Operator has failed to comply with the Board's Order for <br /> Violation MV-2021--021 . Accordingly,the Operator has violated section 34-32.5-124(1), <br /> C.R.S. <br /> 18. Section 34-32.5-124(6)(a).C.R.S.provides forthe suspension, <br /> mod ification,o r revocabnof permit when the Board determines that an operatorhas <br /> violated a permit provision. Operator's failure to comply with the Board's Order <br /> warrants revocation ofthe pernt. <br /> 19. The Board may find a finandalwarranty subject to forfeiture where an <br /> Operatorfailedto cure adefault under performance warranty despite written notice of <br /> the default and ample time to cure such defad. §34-32.5-118(1)(b),C.R.S.(2020). <br /> Operator's violation of the Board's Orde rfor Violation MV-2021-021 constitutes <br /> Operator'sdefadunderts performance warranty. Operatordefauted onts <br /> performance warranty, received written notice of the default,and failed to cure such <br /> default. <br /> ORDER <br /> Based onthe foregoing findingsof fact and conclusions of law,the Board finds <br /> the Operator inviolation of section 34-32.5-124 forfailureto compywiththe condions <br /> of the Board's Order for Violation MV-2021-021. <br /> The Board confirms the Cease and Desist Order issued by itatthe September <br /> 22, 2021 hearing,which prohibited any further operation activities at the Ste, except <br /> those approved bythe Division,in writing,as necessary to com*withthe conditionsof <br /> this Order, prevent damage to offste areas. orto protect public health and safety, until <br /> corrective actions have been rescNed to the satisfaction of the Division. <br /> The Board affirmsthe civil penalty imposed by the Board's Order forViolation <br /> MV-2021-021 of$6,100.00 with$5,60000 of the penaties suspended pending <br /> Operator's compliance with the corrective actions. Given Operator's failureto comply <br /> with the corrective actionsofthe Board's Order forViolation MV 2021-021,the <br /> unsuspended civil penalties in the amount of$5,60000 are due and payable. <br /> The Board orders that permit number M-1988-052 is REVOKED. <br /> Ccbrado Farms LLC <br /> IV1-1988-052/Big R Pit <br /> MV-2022-003 3 <br />