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:.. ~. <br /> <br />STATE OF COLORADO <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />PERMIT NUMBER 77-141 <br />RESPONSE TO ANSWER OF ANDESITE ROCK COMPANY <br />HALLYN F. HALL, <br />Landowner, <br />vs. <br />ANDESITE ROCK COMPANY, <br />Operator, <br />COMES NOW the landowner, Hallyn F. Hall by and through his attorney, <br />Karl F. Kumli, II I, and for his Response to the Answer of Andesite Rock <br />Company, states as follows: <br />1. In its Second Defense, Andesite Rock Company ("Andesite") <br />states that the Complaint fails to state a claim for relief. The relief <br />demanded by the landowner is clearly available by statute. Revocation of a <br />permit is an available remedy under 34-32-125(6)(a), as well as under <br />24-4-104. Revocation is expressly permitted in the event that violation of a <br />permit provision has occurred. The landowner has alleged in his Complaint <br />that Andesite has violated provisions of the Mined Land Reclamation Act <br />("Act"), which provisions are incorporated in Andesite's permit as part of its <br />performance warranty. 34-32-117. <br />Further, the landowner has requested an increase in the operator's <br />bond, which relief is permitted by 34-32-117(4)(c). Moreover, the landowner <br />has requested that the Board set a time certain in which to correct <br />deficiencies and then requests forfeiture of financial warranties, as is <br />provided by 34-32-118 (b) for breach of a performance warranty. <br />Finally, the landowner has requested that the Board issue a cease <br />and desist order for "any violation of any provision of this article or of any <br />-1- <br />