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22. On February 7, 2012, Mark Steen submitted a document entitled "The <br /> Underlying Landowners' Formal Petition for Postponement of Proceedings and <br /> Notice of Intent to File a `Request for Transfer of Construction Material Permit and <br /> Succession of Operations"' ("Petition for Postponement"). The Division, through <br /> Assistant Attorney General Steven Nagy, submitted a Response to Petition for <br /> Postponement, asserting, among other things, that Mr. Steen had no standing to <br /> petition the Board. At the hearing, the Board received presentations by Mr. Steen <br /> and the Division on the limited question of whether Mr. Steen had standing to <br /> petition the Board. After consideration, the Board found that Mr. Steen and the <br /> entities he claims to represent do not constitute parties to this proceeding and <br /> determined not to consider the Petition for Postponement. <br /> CONCLUSIONS OF LAW <br /> 23. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2011) ("Act"). <br /> 24. Pursuant to section 34-32-124, C.R.S., the Board may find a violation <br /> and impose a penalty when it finds that an operator has failed to comply with the <br /> conditions of an order, permit, or regulation. The Operator (a) failed to complete <br /> the corrective actions, and (b) failed to pay the civil penalty ordered in the <br /> December 2011 Order. <br /> 25. Under section 34-32-118(1)(b), C.R.S. and Rule 4.20(1)(b), a financial <br /> warranty shall be subject to forfeiture whenever an operator fails to cure a default <br /> under a performance warranty. The Operator, by being in violation of the Act, is in <br /> default under a performance warranty and has failed to cure that default. <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 /> relief requested is appropriate. Therefore, based on the foregoing, the Board enters <br /> the following order: <br /> The Board finds the Operator in violation of the Act pursuant to section 34- <br /> 32-124, C.R.S., for failure to comply with an order, permit, or regulation. <br /> The Board finds the Operator in violation of section 34-32-118(1)(b), C.R.S. <br /> for failing to cure a default under a performance warranty. <br /> AGC Resources, LLC <br /> Cash and Who Do Mines, M-1983-141 <br /> MV-2012-006 4 <br />