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6. On August 6, 2024, the Division sent a Reason to Believe a Violation <br /> Exists letter to the Operator for a possible violation pursuant to section 34-32.5- <br /> 117(6)(a) of the Colorado Land Reclamation Act for the Extraction of Construction <br /> Materials, Article 32.5 of Title 34, C.R.S. (2024) ("Act") for failure to maintain the <br /> proper financial warranty. The Division's letter provided notice regarding the <br /> alleged violations and information about the September 18, 2024 hearing. <br /> 7. The hearing was continued from the Board's September 18, 2024 <br /> meeting to the October 16, 2024 Board meeting. <br /> 8. At the hearing, the Division presented testimony regarding its efforts <br /> to confirm renewal of the letter of credit with the bank and the bank's delays in <br /> doing so. As of the date of the hearing before the Board, the bank had not provided <br /> the requested verification of the financial warranty and the Operator had not <br /> remedied the issue. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter pursuant to the Act. <br /> 10. Under section 34-32.5-117(6)(a), C.R.S., every operator must maintain <br /> a financial warranty in good standing for the entire life of a permit. The Operator <br /> failed to maintain a financial warranty for the life of permit number M-2018-029 in <br /> violation of section 34-32.5-117(6)(a), C.R.S. <br /> 11. 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 or where an <br /> Operator failed to maintain a financial warranty in good standing. § 34-32.5- <br /> 118(1)(b) and (c), C.R.S. (2023). Operator's violation of provisions of the Act by <br /> failing to maintain a financial warranty in good standing as required by section <br /> 34-32.5-117 and the permit constitute Operator's default under its performance <br /> warranty. Operator defaulted on its performance warranty, received written <br /> notice of the default, and failed to cure such default. <br /> 12. Under section 34-32.5-124(6)(a), C.R.S., if the Board finds that an <br /> operator violated a permit provision, the Board may suspend, modify, or revoke <br /> such permit. By violating provisions of the Act, Operator is in violation of <br /> provisions of the permit, specifically the performance warranty. Suspension, <br /> modification, or revocation of the permit is appropriate. <br /> 13. The Board may issue a cease-and-desist order when it determines that <br /> a provision of the Act has been violated. § 34-32.5-124(2), C.R.S. (2024). The <br /> Operator violated section 34-32.5-117(6)(a), C.R.S. <br /> White Wolf Construction & Landscaping, LLC. <br /> M-2018-029 <br /> MV-2024-020 2 <br />