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5. At the February 19, 2025 hearing, the Division presented testimony <br /> regarding repeated attempts to contact the Operator through calls, emails, and <br /> letters. Operator failed to respond to all of those communications despite complying <br /> with the requirement to file annual reports, maps, and fees in previous years. <br /> 6. There was no appearance by the Operator. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter pursuant to the Mined <br /> Land Reclamation Act, Article 32 of Title 34, C.R.S. (2024) ("Act"). <br /> 8. Section 34-32-124(1), C.R.S., requires all operators to comply with <br /> orders, permits, and regulations. Operator failed to comply with the conditions of a <br /> Board order, in violation of section 34-32-124(1), C.R.S. <br /> 9. The Board may issue a cease-and-desist order if it determines that <br /> any provision of the Act or Rules was violated. § 34-32-124(2), C.R.S. The <br /> Operator has violated section 34-32-124(1), C.R.S., by failing to comply with the <br /> corrective action for violation MV-2024-021 in the Board's November 2024 Order. <br /> 10. The Board may impose a civil penalty of not less than $50 per day nor <br /> more than $200 per day for each day during which a violation occurs. § 34-32- <br /> 124(7), C.R.S. (2024). Here, the Board may impose a penalty based on 124 days of <br /> violation (from the October 18, 2024 deadline for compliance to the February 19, <br /> 2025 Board hearing) at $50 to $200 per day for a civil penalty of$4,600 to $24,800. <br /> 11. Section 34-32-117(2), C.R.S. requires all reclamation permits to contain <br /> a performance warranty requiring operators to comply with all provisions of the Act. <br /> By failing to comply with the November 2024 Order, Operator is in violation of the <br /> performance warranty for permit M-1991-054. <br /> 12. Under section 34-32-124(6)(a), the Board may revoke, suspend, or <br /> modify a permit where it determines after a hearing that an operator has violated a <br /> provision of the permit. Operator's violation of the performance warranty subjects <br /> permit M-1991-054 to revocation. <br /> 13. A financial warranty is subject to forfeiture whenever the Board <br /> determines that an operator is in default under its performance warranty and has <br /> failed to cure the default after written notice of the default and has had ample time <br /> to cure it. § 34-32-118(b), C.R.S. (2024). Operator's violation of the Act and the <br /> permit constitute Operator's default under its performance warranty. Operator <br /> defaulted on its performance warranty, received written notice of the default, and <br /> failed to cure that default. <br /> Indian Creek Mining Corp. <br /> M-1991-054 <br /> MV-2024-021 2 <br />