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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 section 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 34-32.5-124, 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 3 <br />