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4. On January 25, 2023, The Division sent Operator a Reason to Believe a <br /> Violation Exists letter informing Operator that because no increase in financial <br /> warranty or unsuspended civil penalties had been received, as required by the <br /> December 2022 Order, and because Operator failed to submit the required annual <br /> report, map, and fee for 2022, the matter was scheduled for a hearing at the Board's <br /> March 22, 2023 meeting. <br /> 5. Through an order effective April 11, 2023, the Board ordered <br /> Operator's permit M-2000-089 revoked for failure to cure a default of its <br /> performance warranty and found the financial warranty to be subject to forfeiture. <br /> 6. On May 2, 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 June 2023 meeting to consider forfeiture. <br /> 7. Operator did not appear at the Board's June 21, 2023 meeting <br /> CONCLUSIONS OF LAW <br /> 1. 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) ("Act"). <br /> 2. The Board may find a financial warranty subject to forfeiture where <br /> an Operator failed to cure a default under a performance warranty despite <br /> written notice of the default and ample time to cure such default. § 34-32.5- <br /> 118(1)(b), C.R.S. (2022). Operator defaulted on its performance warranty, <br /> received written notice of the default, and failed to cure such default. The <br /> financial warranty is subject to forfeiture. <br /> 3. Section 34-32.5-118, C.R.S provides that where financial warranties <br /> are subject to forfeiture, the Board may order the forfeiture of financial <br /> warranties upon thirty-day notice to all financial warrantors. Operator, the sole <br /> financial warrantor, received notice of this hearing. <br /> ORDER <br /> The Operator did not appear in this matter to present any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board hereby enters the following order: <br /> Mary Vasquez <br /> M-2000-089/ Perdue Pit <br /> MV-2023-003 2 <br />