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20. Under section 34-32-118(1)(a), C.R.S., a financial warranty shall be <br /> subject to forfeiture when the Board finds that an operator failed to complete <br /> corrective action although ample time to do so has elapsed. The Operator failed to <br /> complete the corrective actions set forth in the February 2014 Order by the ample <br /> deadlines set forth in that order or any time since. <br /> 21. Under section 34-32-118(1)(b), C.R.S., a financial warranty shall be <br /> subject to forfeiture when the Board finds that an operator is in default under his <br /> performance warranty and failed to cure such default although the Operator was <br /> given written notice thereof and had ample time to cure such default. By failing to <br /> complete the corrective actions set forth in the February 2014 Order, the Operator <br /> failed to comply with a Board order and continues to be in violation of the Act and <br /> Rules. The Operator's continuing violation of the Act constitutes a default under <br /> the Operator's performance warranty. The Operator received written notice of such <br /> default and failed to cure the default under his performance warranty. <br /> 22. Under section 34-32-124(1), C.R.S., when the Board or the Division has <br /> reason to believe that a violation of an order, permit, or Rule has occurred, written <br /> notice shall be given to the Operator. The Division, having reason to believe that <br /> the Operator violated the February 2014 Order, provided written notice thereof to <br /> the Operator. The Operator failed to complete the corrective actions required by the <br /> February 2014 Order and failed to pay the unsuspended civil penalties. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> enters the following: <br /> The Board finds the Operator in violation pursuant to section 34-32-124, <br /> C.R.S. for failure to comply with the conditions of an order. <br /> The Board finds the Operator in violation pursuant to section 34-32-118(1)(a), <br /> C.R.S. for failure to complete corrective action although ample time to do so has <br /> elapsed. <br /> The Board finds the Operator in violation pursuant to section 34-32-118(1)(b), <br /> C.R.S. for failure to cure a default under the performance warranty. <br /> The financial warranty for permit number M-1984-013, in the amount of <br /> $1,000 is subject to forfeiture. <br /> George E. Otten <br /> Mackey Mine, M-1984-013 <br /> MV-2014-034 4 <br />