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13. On April 11, 2023, the Division issued an incomplete notice for the <br /> permit amendment application previously filed on behalf of Operator and requested <br /> additional information regarding Operator and its right to enter to conduct mining. <br /> 14. On July 14, 2023, the Division issued a decision denying the <br /> amendment application. <br /> 15. On July 17, 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 August 16, 2023 meeting to consider forfeiture <br /> of the financial warranty. <br /> 16. At the August 16, 2023 hearing, the Division presented testimony <br /> regarding Operator's failure to cure its default under its performance warranty by <br /> not complying with the corrective actions in the Board's April 3, 2023 Order. <br /> 17. The Operator also presented testimony, explaining that the estate of <br /> the Operator is insolvent and that there were no funds to pay civil penalties. <br /> Regarding the financial warranty, Operator stated that there was no financial <br /> warrantor, just the cash bond. Operator also stated that there was no current <br /> permit amendment application filed on behalf of Operator. Operator did not object <br /> to revocation of the permit or forfeiture of the cash bond. <br /> CONCLUSIONS OF LAW <br /> 18. 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 /> 19. 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 revocation of the permit. <br /> 20. 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 /> 21. Section 34-32.5-118, C.R.S., provides that where financial <br /> warranties are subject to forfeiture, the Board may order the forfeiture of <br /> HCR High Country Repair, <br /> Ghost River Gravel Pit/M-2003-002 <br /> MV-2023-001 3 <br />