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CONCLUSIONS OF LAW <br /> 16. The Board has jurisdiction over this matter pursuart to the Colorado <br /> Mined Land Reclamation Act forthe Extraction of Construction Materials,Artid'32.5 of <br /> Title 34,C.R.S.(2021). <br /> 17. Section 34-32.5-124(1),C.R.S.requies compliance with Board orders, <br /> perrris,and regLbtions. 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(1), <br /> C.R.S. <br /> 18. Section 34-32.5-124(6)(a).C.R.S.provides forthesuspension, <br /> modification,or revocabn of permt 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 ofthe perrrt. <br /> 19. The Board may find a financalwarranty subject to forfeiture where an <br /> Operatorfailed to cure a defaut under a performance warranty despte written notice of <br /> the default and ample time to cure such defad. §34-32.5-118(1)(b), C.R.S.(2020). <br /> Operator's violation of the Board's Orderfor Violation MV-2021-021 constitutes <br /> Operator's defathunderts performance warranty. Operatordefauted onts <br /> performance warranty,received written notice of the default,and failed to cure such <br /> defaut. <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 failureto comply with the condions <br /> of the Board's Order for Violation MV-2021-021. <br /> The Board confirms the Cease and Desist Order issued by itatthe September <br /> 22, 2021 hearing,which prohbted any further operation activities at the ste, except <br /> those approved by the Division,inwriting,as necessary to coml*withthe conditions of <br /> this Order, prevent damage to offste areas.orto protect public health and safety, until <br /> corrective actions have been rescl✓ed to the satisfaction of the Division. <br /> The Board affirms the civil pen aityinposed by the Board's Order for Violation <br /> MV-2021-021 of$6,100.00 with$5,60000 of the penaties suspended pending <br /> Operator's compliance with the corrective actions. Given Operator's failure to comply <br /> with the corrective actions of the Board's Order for Violation MV2021-021,the <br /> unsuspended civil penalties inthe amountof$5,60000 are due and payable. <br /> The Board orders that permt number M-1988-052 is REVOKED. <br /> Cd)rado Farms LLC <br /> M-1988-052/Big R Pit <br /> MV-2022-003 3 <br />