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ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> finds the Operator in violation of section 34-32.5-117(6)(a), C.R.S. for failing to <br /> maintain a financial warranty in good standing for the entire life of a permit. <br /> The Operator shall CEASE AND DESIST any further mining activities at <br /> the site, except those activities approved by the Division, in writing, as necessary <br /> to comply with the conditions of a Board Order, prevent damage to off-site areas, <br /> complete reclamation, or to protect public health and safety, until the corrective <br /> actions have been resolved to the satisfaction of the Division. <br /> The Board finds the $98,585.00 financial warranty for permit number M- <br /> 2013-066 to be subject to forfeiture under section 34-32.5-118(1)(b), C.R.S., for <br /> Operator's failure to cure a default under its performance warranty and for failing <br /> to maintain a financial warranty in good standing for the entire life of a permit. <br /> The Board directs the Division to, in accordance with section 34-32.5-118(2), <br /> C.R.S., notify Operator and all financial warrantors that the financial warranty is <br /> subject to forfeiture and of their right to appear at a Board hearing to consider <br /> whether the financial warranty for the permit should be forfeited, such hearing to <br /> be held at least thirty days after receipt of such notice. <br /> The Board imposes the following CORRECTIVE ACTION: the Operator <br /> shall, by December 16, 2025, submit either a replacement financial warranty to <br /> cover the current required surety or submit evidence to the Division that the <br /> current financial warranty is in good standing. <br /> The Board imposes a CIVIL PENALTY for 34 days of violation at $100 per <br /> day for a total civil penalty of$3,400, with all of the civil penalty suspended if the <br /> Operator timely completes the corrective action ordered herein to the Division's <br /> satisfaction. Failure to comply with this Order will result in the remaining civil <br /> penalty of$3,400 being due and payable. <br /> DONE AND ORDERED this 18th day of November 2025. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> S/ Karn Stiegelmeier <br /> Karn Stiegelmeier, Chair <br /> Arboles Sand & Stone, LLC. <br /> M-2013-066 <br /> MV-2025-016 3 <br />