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CONCLUSIONS OF LAW <br />13. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2013). <br />14. A financial warranty must be sufficient to ensure the completion of <br />reclamation of affected lands if, because of forfeiture, the Division must complete <br />such reclamation. C.R.S. § 34- 32.5- 117(4)(b)(I) (2013) and Rule 4.2.1(1). The <br />Division or the Board may review the adequacy of any financial warranty at any <br />time. Rule 4.2.1(2). The Division and the Board are required to take measures to <br />assure the continued adequacy of the financial warranty. C.R.S. § 34-32.5- <br />117(4)(b)(1) (2013). The Division properly estimated the amount of financial <br />warranty required based on current conditions of the White Banks Mine site. <br />15. The Board is authorized to adjust the amount and duration of a <br />required financial warranty based on current reclamation requirements. C.R.S. <br />§ 34- 32.5- 117(4)(c)(I)(A) (2013). A financial warrantor has sixty (60) days after <br />notice to fulfill new financial warranty requirements. C.R.S. § 34- 32.5- 117(4)(c)(II) <br />(2013); Rule 4.2.1(2). <br />Based on the Findings of Fact and Conclusions of Law above, the Board <br />enters the following order: <br />The Board AFFIRMS the November 18, 2013 Notice of Surety Increase (SI -3). <br />The Operator shall post the additional financial warranty, in the amount of <br />$26,402.00 (for a total financial warranty amount of $41,927.00) within sixty (60) <br />days of the effective date of this Order. <br />DONE AND ORDERED this 361A day of b- ece•'1 be,- 2013. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Forrest Luke, Vice Chair <br />Avalanche Creek Marble and Alabaster LLC <br />White Banks Mine, M- 1999 -042 3 <br />