Laserfiche WebLink
A. ~ ~ <br />STATE OF COLORADO <br />MINED LAND RECLAMATION 80ARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) PERMIT REV <br />Dakolios Construction Co. ) AND <br />FINANCIAL WARRA <br />T0: Dakolios Construction Co, and all other persons engaged in or <br />controlling the: Dakolios Pit No. 1. <br />FINDINGS OF FACT <br />TION <br />FORFEITURE <br />ing or <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation <br />Board by C.R.S. 34-32-124, the Board hereby makes the following find ngs of fact: <br />A. Dakolios Construction Co. has obtained Permit M-84-036 as requir~d by <br />C.R.S. 34-32-101 et seq. to conduct a mining operation in the follow ng location: <br />Section 31, Township 3N, Range 61W, Weld County, Colorado. <br />B. On April 30, 1990, the Mined Land Reclamation Division issued a otice of <br />Violation to Dakolios Construction Co. ("the operator") for failure o submit an <br />annual report and failure to pay annual fees. The Notice of Violati n gave the <br />operator until June 1, 1990 to submit the annual report, pay the ann al fee, and <br />pay a civil penalty in the amount of b350.00. <br />C. The operator has not submitted the annual report, paid the annual fee, or paid <br />the civil penalty, although there has been ample time in which to do so. <br />CONCLUSIONS OF LAW <br />A. The facts stated above constitute a violation of the provisions Permit <br />M-84-036 and C.R.S. 34-32-124. Therefore, Permit M-84-036 is subjec to revocation <br />in accordance with C.R.S. 34-32-124(6)(a). <br />B. Furthermore, the facts stated above constitute a default of the o erator's <br />performance warranty. The default has not been cured in spite of wri ten notice <br />and ample opportunity to do so. Therefore, the Financial Warranty fo Permit <br />M-84-036 is subject to forfeiture in accordance with C.R.S. 34-32-118 1)(b). <br />