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5. On October 29, 2024, the Division sent Operator a Notice of Violation <br /> letter informing Operator that because Operator failed to submit the required <br /> annual report, map, and fee for 2024, the matter was scheduled for a hearing at the <br /> Board's December 11, 2024 meeting. <br /> 6. At the hearing, the Division presented testimony regarding the <br /> Operator's failure to submit an annual report, fee, and map for 2024, as required by <br /> statute and the Operator's performance warranty. The Division had engaged with <br /> Operator through numerous emails, but the report and fee had not been submitted <br /> by the date of the hearing. <br /> 7. Operator presented testimony at the hearing regarding problems <br /> encountered with submitting the required materials, specifically that they had tried <br /> to upload the required map but that it had been rejected. Operator also claimed that <br /> it needed more help from the Division to submit the required documents. <br /> CONCLUSIONS OF LAW <br /> 8. 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. (2024). <br /> 9. 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 /> 10. 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 /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> finds the Operator in violation of section 34-32.5-116(3)(a) and (b) for failure to file <br /> the required 2024 annual report, map, and fee. <br /> The Board reaffirms the Cease and Desist Order issued by the Division: <br /> Operator shall CEASE AND DESIST any further mining activities at the site, <br /> except those approved by the Division, in writing, as necessary to comply with the <br /> conditions of this Order, prevent damage to offsite areas, or to protect public health <br /> and safety, until corrective actions have been resolved to the satisfaction of the <br /> Division. <br /> K Bar T Ranch, LLC <br /> M-1978-221/ K Bar T Pit <br /> MV-2024-018 2 <br />