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15. Section 34-32.5-124(1), C.R.S. requires compliance with Board orders, <br />permits, and regulations. By not submitting a complete conversion application and <br />failing to pay civil penalties, Operator has failed to comply with the conditions of the <br />Board's July 2019 and February 2020 Orders and is in violation of the Act. <br />16. Under secfion 34-32.5-124(6)(a), C.R.S., if the Board finds that an <br />operator violated a permit provision, the Board may suspend, modify, or revoke such <br />permit. By violating provisions of the Act, Operator is in violation of provisions of the <br />permit, specifically the performance warranty. Suspension, modification, or revocation <br />of the permit is appropriate. <br />17. The Board may find a financial warranty subject to forfeiture where an <br />Operator failed to cure a default under a performance warranty despite written notice <br />of the default and ample time to cure such default. § 34.32.5-118(1)(b), C.R.S. <br />(2019). Operator's violation of provisions of the Act and the permit constitute <br />Operator's default under its performance warranty. Operator defaulted on its <br />performance warranty, received written notice of the default, and failed to cure such <br />default. <br />18. At a hearing to consider the forfeiture of a financial warranty, the Board <br />may withdraw or modify the determination that the financial warranty is subject to <br />forfeiture, settle or compromise the determination, or confirm its decision that the <br />financial warranty should be forfeited. § 34-32.5-118(3)(a), C.R.S. (2019). <br />ORDER <br />Operator did not appear in this matter to present any mitigating factors. There is <br />no information before the Board indicating that any action other than the requested action <br />is appropriate. Therefore, based on the foregoing findings of fact and conclusions of law, <br />and the administrative record, the Board enters the following order: <br />Based on the foregoing findings of fact and conclusions of law, the Board finds the <br />Operator in violation of section 3432.5-124, C.R.S. for failing to comply with the <br />conditions of the Board's July 2019 and February 2020 Orders. <br />The Board orders that permit number M-1978-208 is REVOKED. <br />The Board finds the financial warranty for permit number M-1978-208 is subject <br />to forfeiture under section 34-32.5-118(1)(b), C.R.S. for Operator's failure to cure a <br />default under its performance warranty. <br />The Board CONFIRMS its determination that the financial warranty should be <br />forfeited. <br />Elk Creek Sand and Gravel, LLC <br />M-1978-208 <br />MV -2019-022 <br />