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CONCLUSIONS OF LAW <br /> 16. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2021). <br /> 17. Section 34-32.5-124(1), C.R.S. requires compliance with Board orders, <br /> permits, and regulations. Operator has failed to comply with the Board's Order for <br /> Violation MV 2021-021. Accordingly,the Operator has violated section 34-32.5-124(i), <br /> C.R.S. <br /> 18. Section 34-32.5-124(6)(a), C.R.S. provides for the suspension, <br /> modification, or revocation of permit when the Board determines that an operator has <br /> violated a permit provision. Operator's failure to comply with the Board's Order <br /> warrants revocation of the permit. <br /> 19. The Board may find a financial warranty subject to forfeiture where an <br /> Operator failed to cure a default under a performance warranty despite written notice of <br /> the default and ample time to cure such default. § 34-32.5-118(1)(b), C.R.S. (2020). <br /> Operators violation of the Board's Order for Violation MV-2021-021 constitutes <br /> Operator's default under its performance warranty. Operator defaulted on its <br /> performance warranty, received written notice of the default, and failed to cure such <br /> default. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-124 for failure to comply with the conditions <br /> of the Board's Order for Violation MV-2021-021. <br /> The Board confirms the Cease and Desist Order issued by It at the September <br /> 22, 2021 hearing, which prohibited any further operation activities at the site, except <br /> those approved by the Division, in writing, as necessary to comply with the conditions of <br /> this Order, prevent damage to offsite areas, or to protect public health and safety, until <br /> corrective actions have been resolved to the satisfaction of the Division. <br /> The Board affirms the civil penalty imposed by the Board's Order for Violation <br /> MV-2021-021 of$6,100.00 with $5,600.00 of the penalties suspended pending <br /> Operators compliance with the corrective actions. Given Operator's failure to comply <br /> with the corrective actions of the Board's Order for Violation MV-2021-021, the <br /> unsuspended civil penalties in the amount of$5,600.00 are due and payable. <br /> The Board orders that permit number M-1988-052 is REVOKED. <br /> Colorado Farms LLC <br /> M-1988-052/Big R Pit <br /> MV 2022-003 <br /> 3 <br />