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6. The Division holds a performance warranty from Operator in which <br /> Operator warrants that it will, among other things, comply with all permit <br /> conditions and the Act. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter and Operator pursuant to <br /> the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). <br /> 8. Under section 34-32-116(3), C.R.S., operators are required to submit <br /> an annual report and map showing information including, but not limited to, the <br /> extent of disturbance to affected land, reclamation accomplished, anticipated <br /> disturbances, and reclamation to be performed. The Operator failed to submit the <br /> annual fee and report due on May 10, 2023 and is in violation of section 34-32- <br /> 116(3), C.R.S. <br /> 9. Under section 34-32-116(4), C.R.S., operators are required to submit <br /> an annual fee as specified in section 34-32-127(2), C.R.S. The Operator failed to <br /> submit the annual fee due on May 10, 2023 and is in violation of section 34-32- <br /> 116(4), C.R.S <br /> 10. Pursuant to section 34-32-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that an operator or person violated any provisions <br /> of the Act or any notice, or permit. The Operator violated section 34-32-116(3) and <br /> (4), C.R.S. <br /> 11. A financial warranty is subject to forfeiture when the Board <br /> determines that the operator is in default under a performance warranty and fails <br /> to cure the default although the operator has received written notice and has had <br /> ample time to cure such default. § 34-32-118(1)(b), C.R.S. (2022). Failure to comply <br /> with the Act and permit provisions constitutes violation of a performance warranty. <br /> By failing to submit the annual fee and report in violation of the Act and permit <br /> number M-2006-031, the Operator is in default under the performance warranty. <br /> Therefore, the financial warranty for permit number M-2006-031 is subject to <br /> forfeiture. <br /> 12. The Board may suspend, modify, or revoke a permit if, after hearing, it <br /> finds that a permit violation has occurred. § 34-32-124(6)(a), C.R.S. (2022). By <br /> failing to submit annual fees and reports, the Operator is in violation of permit <br /> number M-2006-031. Therefore, permit number M-2006-031 is subject to <br /> suspension, modification, or revocation. <br /> 13. Pursuant to section 34-32-124(7), C.R.S., if the Board determines that <br /> an operator who operators under a permit issued under section 34-32-110, C.R.S., <br /> Steel Rose 1, Inc. <br /> M-2006-031 <br /> W-2023-006 2 <br />