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12. The Operator failed to pay the $9,800 civil penalty ordered in the <br /> December 2011 Order. <br /> 13. On January 9, 2012, the Division issued a Reason to Believe a <br /> Violation Exists letter to the Operator informing it of the possible violations related <br /> to its failure to comply with the December 2011 Order. The letter also provided <br /> information about the February 8, 2012 hearing. <br /> 14. The Division holds a financial warranty for the Gold Hill Mill, file <br /> number M-1994-117 in the amount of$47,243.00. <br /> 15. 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 /> 16. 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 /> 17. 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 /> 18. Under section 34-32-118(1)(b), C.R.S. and Rule 4.20(1)(b) of the Mineral <br /> Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard <br /> Rock, Metal, and Designated Mining Operations (2 C.C.R. 407-1) ("Rules"), a <br /> financial warranty shall be subject to forfeiture whenever an operator fails to cure a <br /> default under a performance warranty. The Operator, by being in violation of the <br /> Act, is in default under a performance warranty and has failed to cure that default. <br /> AGC Resources, LLC <br /> Gold Hill Mill, M-1994-117 <br /> MV-2012-005 3 <br />