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3. The Division did not receive a response to its October 9, 2008 Notice of <br />Violation letter. The required annual reports and annual fees have not been received by the <br />Division. <br />CONCLUSIONS OF LAW <br />4. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104, 105 <br />and 124 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />§ 34-32.5-101 etseq. C.R.S. (2008)("Act"). <br />5. Operators are required to submit an annual report and pay an annual fee on the <br />anniversary date of the issuance of their permit, §§ 34-32.5-116(3)(a), 34-32.5-125(2) of the <br />Act, and Rule 1.5 of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials ("Construction Materials <br />Rules"). Pursuant to the Board's authority under § 34-32.5-107 of the Act, the Board has <br />delegated to the Division the authority to assess civil penalties against operators who fail to <br />submit annual reports of pay annual fees. The Board has the authority to revoke a permit <br />upon a determination, after a hearing, that a violation of a permit provision has occurred, § <br />34-32.5-124(6) of the Act. The Board has the authority to order a forfeit of a financial <br />warranty if an operator is in default of his performance warranty and has failed to cure the <br />default after written notice pursuant to § 34-32.5-118 of the Act. A performance warranty is <br />a written promise from an operator to comply with the Act, § 34-32.5-117(2) of the Act. <br />6. Because the Operator violated the Act by failing to provide annual reports and <br />annual fees as required by statute and the Construction Materials Rules, and because the <br />Operator failed to cure the alleged default despite repeated notices it is appropriate for the <br />Board to order the permit revoked and the financial warranty forfeited. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />revokes the Operator's permit and orders the Operator's financial warranty of $17,100.00 <br />forfeited. <br />DONE AND ORDERED this 7 Yk day of J GLwu 2009. <br />FOR THE COLORADO <br />Mined Land Reclamation <br />Rock-N-Pine, LLC <br />M-2003-074