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6. The Division holds a financial warranty for the permit in the amount <br />of $4,600. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter and Operator pursuant to <br />the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2019) <br />("Act"). <br />8. Under section 34-32-116(3), C.R.S., operators are required to submit <br />an annual report and map showing information including, but not limited to, the <br />extent of disturbance to affected land, reclamation accomplished, anticipated <br />disturbances, and reclamation to be performed. The Operator failed to submit the <br />annual fee and report due on September 30, 2019 and is in violation of section 34- <br />32-116(3), C.R.S. <br />9. Under section 34-32-116(4), C.R.S., operators are required to submit <br />an annual fee as specified in section 34-32-127(2), C.R.S. The Operator failed to <br />submit the annual fee due on September 30, 2019 and is in violation of section 34- <br />32-116(4), C.R.S <br />10. Pursuant to section 34-32-124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that an operator or person violated any provisions <br />of the Act or any notice, or permit. The Operator violated section 34-32-116(3) and <br />(4), C.R.S. <br />11. A financial warranty is subject to forfeiture when the Board <br />determines that the operator is in default under a performance warranty and fails <br />to cure the default although the operator has received written notice and has had <br />ample time to cure such default. § 34-32-118(1)(b), C.R.S. (2019). Failure to comply <br />with the Act and permit provisions constitutes violation of a performance warranty. <br />By failing to submit the annual fee and report in violation of the Act and permit <br />number M-2014-016, the Operator is in default under the performance warranty. <br />Therefore, the financial warranty for permit number M-2014-016 is subject to <br />forfeiture. <br />12. The Board may suspend, modify, or revoke a permit if, after hearing, it <br />finds that a permit violation has occurred. § 34-32-124(6)(a), C.R.S. (2019). By <br />failing to submit annual fees and reports, the Operator is in violation of permit <br />number M-2014-016. Therefore, permit number M-2014-016 is subject to <br />suspension, modification, or revocation. <br />13. Pursuant to section 34-32-124(7), C.R.S., if the Board determines that <br />a person has violated any provision of a permit, the Board may impose a civil <br />Dwayne Hall <br />M-2014-016 <br />MV -2020-001 <br />2 <br />