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5. Upon learning of the situation, the Operator requested that the Division <br />reinstate the permit in a letter to the Division dated July 20, 2009. The Operator's letter <br />explained that he did not realize his permit was revoked due to personal reasons. His <br />Colorado post office boxes were closed while he was away mining in Arizona. <br />6. The Division inspected the site on August 16, 2007. The inspection showed <br />that the operation was in satisfactory compliance with the provisions of its permit. There has <br />been no activity at the site since the inspection. <br />7. The Division recommended that the Board reinstate the permit and collect past <br />due annual fees for 2007 and 2008 totaling $646 in addition to the previously imposed (and <br />unpaid) civil penalty. <br />CONCLUSIONS OF LAW <br />8. 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 et seq. C.R.S. (2008)("Act"). <br />9. Pursuant to the Board's authority under § 34-32.5-107 of the Act, the Board <br />delegated to the Division the authority to assess civil penalties against operators who fail to <br />submit annual reports or pay annual fees. <br />10. Pursuant to § 34-32.5-124(6)(b), C.R.S., the Board may reinstate the permit if <br />the operator has brought the operation into satisfactory compliance with the provisions of the <br />operator's permit. The Division's 2007 site inspection found the operation in compliance. <br />There has not been any activity at the site of the site since 2007. The Operator has fulfilled <br />requirements of §34-32.5-124(6)(b), C.R.S. Therefore, it is appropriate for the Board to <br />order the permit reinstated. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />orders the Operator's permit, number M-2003-074, reinstated. The Board also orders the <br />Operator to pay a civil penalty in the amount of $1,250. This sum is the total of the unpaid <br />2007 and 2008 annual fees ($646) and the previously ordered civil penalty of $604. The <br />civil penalty shall be paid within 30 days of the signature date of this Board Order. <br />DONE AND ORDERED this (I `day of Se nJre i yLt ae r , 2009. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />arbara Green, Chair <br />Mined Land Reclamation Board <br />Rock-N-Pine, LLC <br />Request for Reinstatement 2 <br />M-2003-074