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7. Through an order effective September 2, 2020, the Board ordered <br />Operator's permit M-1981-286 revoked for failure to cure a default of its <br />Performance warranty. <br />8. On September 21, 2020, the Division notified Operator and the <br />financial warrantor, High Plains Bank, that the financial warranty was subject to <br />forfeiture and that a hearing would be held at the Board's October 2020 meeting to <br />consider forfeiture. Both Operator and High Plains Bank signed delivery receipts <br />for the notification. <br />9. Neither Operator nor High Plains Bank appeared at the October 21, <br />2020 Board meeting <br />CONCLUSIONS OF LAW <br />10. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2020) ("Act"). <br />11. The Board may find a financial warranty subject to forfeiture where <br />an Operator failed to cure a default under a performance warranty despite <br />written notice of the default and ample time to cure such default. § 34-32.5- <br />118(1)(b), C.R.S. (2020). Operator defaulted on its performance warranty, <br />received written notice of the default, and failed to cure such default. The <br />financial warranty is subject to forfeiture. <br />12. Section 34-32.5-118, C.R.S provides that where financial warranties <br />are subject to forfeiture, the Board may order the forfeiture of financial <br />warranties upon thirty -day notice to all financial warrantors. Operator and all <br />financial warrantors received notice of this hearing. <br />ORDER <br />The Operator and financial warrantor did not appear in this matter to <br />present any mitigating factors. There is no information before the Board indicating <br />that any action other than the requested action is appropriate. Therefore, based on <br />the foregoing findings of fact and conclusions of law, the Board hereby enters the <br />following order: <br />The Board FINDS that the financial warranty for M-1981-286 in the amount <br />of $25,000 is subject to forfeiture for Operator's failure to cure a default under the <br />performance warranty and that notice that the financial warranty is subject to <br />forfeiture has been provided in accordance with section 34-32.5-118(2), C.R.S. <br />RWT Excavating and Demolition LLC <br />M-1981-286 <br />MV -2020-007 <br />2 <br />