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the new landowners had agreed to take care of the reclamation permit and its <br /> corresponding requirements. <br /> 12. No succession of operators form removing Mary Vasquez as Operator <br /> for permit M-2000-089 has been received by the Division. <br /> CONCLUSIONS OF LAW <br /> 13. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act for the Extraction of Construction Materials, Article <br /> 32.5 of Title 34, C.R.S. (2022). <br /> 14. Section 34-32.5-124(1), C.R.S. requires compliance with Board orders, <br /> permits, and regulations. Operator has failed to comply with the Board's December <br /> 2022 Order for Violation MV-2022-018. Accordingly, the Operator has violated <br /> section 34-32.5-124(1), C.R.S. <br /> 15. Operators are required to submit annual reports, 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 report, submit <br /> annual map, and pay annual fees, in violation of section 34-32.5-116(3), C.R.S. <br /> 16. 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 report, map, and failing to pay annual fees. <br /> 17. Pursuant to section 34-32.5-124(7), C.R.S., if the Board determines <br /> that an operator has violated any provision of a permit, the Board may impose a <br /> civil penalty of not less than $100.00 per day nor more than $1000.00 per day for <br /> each day during which the violation occurs. The Operator is in violation of the Act, <br /> in default under its performance warranty, and in violation of the terms of Permit <br /> No. M-2000-089. The Board may assess a civil penalty for 56 days of violation (from <br /> the January 25, 2023 Reason to believe a violation exists letter to the Board's March <br /> 22, 2023 hearing), for a civil penalty of$5,600.00 to $56,000.00. <br /> 18. 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 /> 19. The Board may find a financial warranty subject to forfeiture where an <br /> Operator failed to cure a default under a performance warranty despite written <br /> Mary Vasquez <br /> M-2000-089/ Perdue Pit <br /> MV-2023-003 3 <br />