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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 29, 2024, 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 29, 2024, 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. 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 /> has violated any provision of a permit, the Board may impose a civil penalty of not <br /> less than $50 per day nor more than $200 per day for each day during which the <br /> violation occurs. The Operator is in violation of the Act, in default under its <br /> performance warranty, and in violation of the terms of Permit No. M-1991-054. <br /> ORDER <br /> 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 /> The Board hereby finds Operator in violation of section 34-32-116(3) and (4), <br /> C.R.S. <br /> Indian Creek Mining Corp. <br /> M-1991-054 <br /> MV-2024-021 2 <br />