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CONCLUSIONS OF LAW <br /> 7. 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. (2022) ("Act"). <br /> 8. Operators are required to submit annual reports and maps, and pay <br /> annual fees for each year of operation. § 34-32.5-116(3), C.R.S. (2022). Operator <br /> failed, by the anniversary date of the permit, to submit annual reports, submit <br /> annual maps, and pay annual fees, in violation of section 34-32.5-116(3), C.R.S. <br /> 9. 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. (2022). Operator violated section 34-32.5-116(3), C.R.S. and the permit by <br /> failing to file annual reports and maps, and failing to pay annual fees. <br /> 10. 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 /> 11. 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. (2022). Operator's violation of provisions of the Act and the <br /> permit constitute 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 /> The Board finds the Operator in violation of section 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-1999-022 and AFFIRMS violation MV-2022-013. <br /> The Board AFFIRMS the cease and desist order issued on October 3, 2022. <br /> Eddie Clayton <br /> M-1999-022 <br /> MV-2022-013 2 <br />