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4. On July 11, 201, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter, which provided notice regarding the alleged violation and the <br />August 10, 2011 hearing. <br />5. The Operator has failed to comply with the February 2011 Order by <br />failing to complete the corrective action. At its August 11, 2011 meeting, the Board <br />(a) affirmed the cease and desist order ordered in the February 2011 Order, and <br />(b) ordered the Feister Pit #1 financial warranty subject to forfeiture. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5 -104, -105, and -124 of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ( "Act "). <br />7. Pursuant to section 34- 32.5 -124, C.R.S., the Board may find a violation <br />and impose a penalty when it finds that an operator has failed to comply with the <br />conditions of an order, permit, or regulation. The Operator is in violation of the <br />February 2011 Order by failing to comply with the corrective action. Therefore, the <br />unsuspended amount of the civil penalty, $6,100, is due and payable. <br />8. Under section 34- 32.5- 118(1)(a), C.R.S., a financial warranty shall be <br />subject to forfeiture whenever an operator has failed to complete corrective action. <br />The Operator has failed to complete the corrective actions set forth in the February <br />2011 Order. Therefore, the financial warranty for file number M- 2006 -010 is <br />subject to forfeiture. <br />ORDER <br />The 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 relief <br />requested is appropriate. Therefore, based on the foregoing, the Board enters the <br />following order: <br />The Board finds that the Operator is in violation of the Act, in accordance with <br />section 34- 32.5 -124, C.R.S., for failure to comply with an order, permit, or regulation. <br />The Board finds that, in accordance with section 34- 32.5 -118, C.R.S., the <br />financial warranty for file number M- 2006 -010 is subject to forfeiture for failure to <br />complete corrective actions. <br />The Board finds that, in accordance with section 34- 32.5- 124(6)(a), C.R.S., <br />permit number M- 2006 -010 is subject to revocation. <br />MS Forest, LLC <br />Feister Pit #1, M- 2006 -010 <br />MV- 2011 -018 <br />2 <br />