2021-01-13_ENFORCEMENT - M2014016

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default of its performance warranty rendered the financial warranty subject to forfeiture. 8. On October 27, 2020, the Division notified Operator, who is also the financial warrantor, that the financial warranty was subject to forfeiture and that a hearing would be held at the Board's December 2020 meeting to consider final forfeiture. 9. Operator did not appear at the December 16, 2020 Board meeting. CONCLUSIONS OF LAW 1. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act, Article 32 of Title 34, C.R.S. (2020) ("Act"). 2. Under section 34-32-118(1)(b), C.R.S., a financial warranty is subject to forfeiture whenever an operator is in default under a performance warranty. The Operator is in default under a performance warranty and failed to correct the default. 3. Under section 34-32-118(3)(a), C.R.S., at a hearing to consider whether a financial warranty should be forfeited, the Board has authority to confirm its determination that a financial warranty is subject to forfeiture. ORDER Operator did not appear in this matter to present any mitigating factors. There is no information before the Board indicating that any action other than the requested action is appropriate. Therefore, based on the foregoing findings of fact and conclusions of law, the Board enters the following order: The Board CONFIRMS the Board's determination that the financial warranty should be forfeited. The Board orders that the financial warranty for permit number M-2014-016, cash bond number 9076004044 in the amount of $4,600.00, is FORFEITED and directs and orders affected financial warrantors to immediately deliver to the Board all amounts warranted by applicable financial warranties. DONE AND ORDERED this 11th day of January 2021. Dwayne Hall M-2014-016 MV -2020-001 FOR THE COLORADO MINED LAND RECLAMATION BOARD 2