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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 provisions of the Act and the permit, including <br /> Operator's violation of the Board's December 2022 Order for Violation MV-2022-018 <br /> and failure to submit annual report, map, and fees, constitute Operator's default <br /> under its performance warranty. Operator defaulted on its performance warranty, <br /> received written notice of the default, and failed to cure such default. <br /> 20. 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 December 2022 Order for <br /> Violation MV-2022-018 and failure to submit annual report, map, and fees <br /> constitute 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 <br /> finds the Operator in violation of section 34-32.5-124 for failure to comply with the <br /> conditions of the Board's December 2022 Order and section 34-32.5-116(3)(a) and <br /> (b) for failure to file the required 2022 annual report, map, and fee (Violation No. <br /> MV-2023-003). <br /> The Board reaffirms the Cease and Desist Order in the Board's December <br /> 2022 Order: Operator shall CEASE AND DESIST any further mining activities at <br /> the site, except those approved by the Division, in writing, as necessary to comply <br /> with the conditions of this Order, prevent damage to offsite areas, or to protect <br /> public health and safety, until corrective actions have been resolved to the <br /> satisfaction of the Division. <br /> The Board affirms that the CIVIL PENALTY of$22,000.00 assessed <br /> pursuant to section 34-32.5-124(7), C.R.S., in the Board's December 2022 Order for <br /> violation MV-2022-018 is due and payable. <br /> The Board imposes a CIVIL PENALTY of$1000.00 for one day of violation at <br /> $1000.00 per day. This $1000.00 in civil penalties is due and payable within 30 <br /> days of the effective date of this Order. Failure to timely submit any due and <br /> unpaid civil penalties shall result in the immediate submittal of those penalties to <br /> collections. <br /> The Board orders that permit number M-2000-089 is REVOKED. <br /> Mary Vasquez <br /> M-2000-089/ Perdue Pit <br /> MV-2023-003 4 <br />