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financial warranty. C.R.S. § 34- 32.5- 118(2) (2012). The Division provided adequate <br />notice to the Operator concerning possible forfeiture of financial warranty in <br />compliance with section 34- 32.5 - 118(2), C.R.S. <br />ORDER <br />The Operator did not appear in this matter to present any mitigating factors. <br />There is no information before the Board indicating that any action other than the <br />requested action is appropriate. Therefore, based on the foregoing findings of fact <br />and conclusions of law, the Board hereby enters the following order: <br />The Board finds the Operator in violation of section 34- 32.5- 116(3)(a) for <br />failure to submit required annual fees and annual reports regarding permit number <br />M- 2002 -109. <br />The Board REVOKES permit number M- 2002 -109. <br />The Board ORDERS forfeiture of the financial warranty for permit number <br />M -2002 -109. <br />DONE AND ORDERED this 2-1 day of A u 2013. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Thomas E. Brubaker, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a notice of appeal with the district court within thirty -five (35) days after the <br />effective date of this order, pursuant to section 24 -4 -106, C.R.S. (2012). In the event <br />that an appeal is filed, designations of record made in accordance with section 24 -4- <br />106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, <br />Denver, CO 80203, Attention: Sitira Pope. <br />A. Blasi & Son Trucking & Earthmoving, Inc. <br />M- 2002 -109 <br />MV- 2013 -017 <br />3 <br />