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6. Neither Operator nor any representative of Operator appeared at the <br /> October 20, 2021 Board meeting <br /> CONCLUSIONS OF LAW <br /> 7. 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 /> 8. 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 /> 9. 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-1995-057 in the amount <br /> of$11,574.00 is subject to forfeiture for Operator's failure to cure a default under <br /> the 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 /> The Board orders that the financial warranty for Permit number M-1995-057 <br /> is FORFEITED and orders affected financial warrantors to immediately deliver to <br /> the Board all amounts warranted by applicable financial warranties. <br /> Deb Rudibaugh <br /> M-1995-057 <br /> MV-2021-002 2 <br />