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14. Operator presented testimony regarding delays in retaining and <br /> submitting consultants to facilitate the permit conversion application that were <br /> caused by the dispute over who had legal right to represent Operator. Operator has <br /> retained consultants, who were present during the hearing. Operator's consultants <br /> stated that the process of assembling the required permit conversion application <br /> was underway and stated that the application could likely be filed within a month. <br /> CONCLUSIONS OF LAW <br /> 15. 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. (2022) (the "Act"). <br /> 16. 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-2021-016. Accordingly, the Operator has violated section 34-32.5- <br /> 124(1), C.R.S. <br /> 17. 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 <br /> has violated a permit provision. Operator's failure to comply with the Board's <br /> Order warrants suspension of the permit. <br /> 18. 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 <br /> notice of the default and ample time to cure such default. § 34-32.5-118(1)(b), <br /> C.R.S. (2022). Operator's violation of the Board's Order for Violation MV-2021-016 <br /> constitutes Operator's default under its performance warranty. Operator defaulted <br /> on its performance warranty, received written notice of the default, and failed to <br /> cure the 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(1), C.R.S. for failure to comply with <br /> the Board's October 22, 2021 Order. <br /> The Board AFFIRMS the cease and desist order in the October 22, 2021 <br /> Order. Accordingly, Operator shall CEASE AND DESIST any further mining <br /> activities, except those approved in writing by the Division as necessary to comply <br /> with the conditions of a Board Order, prevent damage to off-site areas, or to protect <br /> public health and safety, until corrective actions have been resolved to the <br /> satisfaction of the Division <br /> HCR High Country Repair, <br /> Ghost River Gravel Pit/M-2003-002 <br /> 3 <br />