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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 />