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6. On June 21, 2023, the Division notified Operator, who is also the <br /> financial warrantor, that the financial warranty was subject to forfeiture and that a <br /> hearing would be held at the Board's July 2023 meeting to consider final forfeiture. <br /> 7. Through communications with the Division, Operator waived the <br /> requirement of section 34-32-118(2), C.R.S., that at least 30 days pass between <br /> provision of notice and a Board hearing on forfeiture. <br /> 8. Operator did not appear at the July 19, 2023 Board meeting. <br /> CONCLUSIONS OF LAW <br /> 1. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act, Article 32 of Title 34, C.R.S. (2022) ("Act"). <br /> 2. Under section 34-32-118(1)(b), C.R.S., a financial warranty is subject to <br /> forfeiture whenever an operator is in default under a performance warranty. The <br /> Operator is in default under a performance warranty and failed to correct the default. <br /> 3. Under section 34-32-118(3)(a), C.R.S., at a hearing to consider whether a <br /> financial warranty should be forfeited, the Board has authority to confirm its <br /> determination that a financial warranty is subject to forfeiture. <br /> ORDER <br /> Operator did not appear in this matter to present any mitigating factors and <br /> has consented to forfeiture of the financial warranty. There is no information before <br /> the Board indicating that any action other than the requested action is appropriate. <br /> Therefore, based on the foregoing findings of fact and conclusions of law, the Board <br /> enters the following order: <br /> The Board CONFIRMS the Board's determination that the financial <br /> warranty should be forfeited. <br /> The Board orders that the financial warranty for permit number M-2006-031, <br /> checks for deposit in State Treasury, number 194946 in the amount of$5,065.00, <br /> number 1009 in the amount of$4,283.00, and number 1030 in the amount of <br /> $6,900.00, are FORFEITED and directs and orders affected financial warrantors to <br /> immediately deliver to the Board all amounts warranted by applicable financial <br /> warranties. <br /> DONE AND ORDERED this 21 day of August, 2023. <br /> Steel Rose 1, Inc. <br /> M-2006-031 <br /> MV-2023-006 2 <br />