2023-09-18_ENFORCEMENT - M2003002

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financial warranties upon thirty-day notice to all financial warrantors. Operator, the sole financial warrantor, received notice of this hearing. 22. Under section 34-32.5-118(3)(a), C.R.S., at a hearing to consider whether a financial warranty should be forfeited, the Board has authority to confirm its determination that a financial warranty is subject to forfeiture. ORDER The Board orders that permit number M-2003-002 is REVOKED. The Board CONFIRMS its determination that the financial warranty should be forfeited. The Board orders that the financial warranty for permit number M-2003-002, check for deposit in State Treasury, number 8531 in the amount of$19,112.00, is FORFEITED and directs and orders affected financial warrantors to immediately deliver to the Board all amounts warranted by applicable financial warranties. The Board hereby WAIVES the $38,700.00 in civil penalties previously assessed against the Operator in the Board's October 22, 2021 Order and affirmed in the Board's April 3, 2023 Order. DONE AND ORDERED this 1st day of September 2023. FOR THE COLORADO MINED LAND RECLAMATION BOARD ,J�X 1 /2 ,45-- Patrick Ortiz, Chair NOTICE OF JUDICIAL REVIEW RIGHTS This order becomes effective and final upon mailing. Any party adversely affected or aggrieved by agency action may commence an action for judicial review by filing a complaint with the district court within 35 days after the effective date of this order, pursuant to section 24-4-106, C.R.S. (2022) and the Colorado Rules of Civil Procedure. If a complaint for judicial review is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Camie Mojar. HCR High Country Repair, Ghost River Gravel Pit/M-2003-002 MV-2023-001 4