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14. On May 3, 2018, the Division issued an Order to Show Cause Why <br />Permit Should Not be Suspended or Revoked ("Show Cause Order") to the Operator. <br />The Division mailed the Show Cause Order on May 4, 2018. <br />15. The Operator did not file a written response or request a Board review <br />of the Show Cause Order. <br />16. On June 6, 2018, the Division issued a Notice of Formal Hearing to <br />Operator, informing it that the Show Cause Order and revocation of the permit and <br />forfeiture of the performance bond for the Southfield Mine would be considered by <br />the Board at its June 27-28, 2018 meeting. <br />17. The Division holds $10,000 cash/check as the Operator's performance <br />bond for the Southfield Mine. The bond is sufficient to cover cost of remaining <br />reclamation. <br />CONCLUSIONS OF LAW <br />18. The Board has jurisdiction over this matter pursuant to the Act. <br />19. When the Division finds an operator in violation of the Act or the <br />permit, the Division shall issue a notice of violation. § 34-33-123(2), C.R.S. (2017). <br />The Operator violated the Act and the permit. The Division properly issued the <br />NOVs to the Operator. <br />20. Under section 34-33-123(3), C.R.S., if an operator fails to abate the <br />violations cited in a notice of violation, the Division shall issue an order of cessation of <br />the surface coal mining and reclamation operations. The Operator failed to abate the <br />violations cited in the NOVs. The Division properly issued the COs to the Operator. <br />21. Further, if an Operator fails to abate the violations cited in a notice of <br />violation for more than thirty days past the abatement deadline, Rule 5.04.6(4) <br />requires the Division to take one of the listed enforcement actions to ensure the <br />violations will not reoccur, which listed actions include revocation of the permit <br />pursuant to section 34-33-123(7), C.R.S. <br />22. Under section 34-33-123(7), C.R.S. and Rule 5.03.3(1), when the <br />Division determines that a pattern of violations of the Act or a permit exists and that <br />such violations are caused either by unwarranted failure to comply or willful <br />noncompliance, the Division must issue an order to show cause why the permit <br />should not be suspended or revoked and provide an opportunity for a public hearing. <br />The Division may determine that a pattern of violations exists, based on two <br />inspections within a twelve-month period, considering: (a) the number of violations, <br />cited on more than one occasion, of the same or related requirements of the Act, the <br />Rules, or the permit; (b) the number of violations, cited on more than one occasion, <br />Energy Fuels Coal, Inc. <br />Southfield Mine, C-1981-014 <br />