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(b) ordered the MSF/Feister Pit #1 financial warranty subject to forfeiture. The <br />Board issued an order with these findings and orders, effective September 1, 2011 <br />( "September 2011 Order "). <br />4. In its September 2011 Order, the Board found the Operator in <br />violation of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, Article 32.5 of Title 34, C.R.S. (2010) ( "Act ") in accordance with section <br />34- 32.5 -124, C.R.S. In addition, the Board (a) found the financial warranty for file <br />number M- 2006 -010 is subject to forfeiture for failure to complete corrective actions, <br />(b) found that permit number M- 2006 -010 is subject to revocation, (c) affirmed and <br />restated the cease and desist order set forth in the February 2011 Order, and <br />(d) found that the unsuspended civil penalty imposed by the February 2011 Order, <br />in the amount of $6,100, is due and payable. <br />5. The Board received a letter from the Operator, dated September 7, <br />2011, requesting reconsideration of the September 2011 Order. The Operator's <br />September 7, 2011 letter stated that the Operator filed Chapter 7 bankruptcy, lost <br />equipment, and has had difficulty accessing the property. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5 -104 through 107, and 124 of the Act. <br />7. Under Rule 2.9.1 of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials, <br />2 C.C.R. 407 -4:2.9 ( "Rules "), petitions for reconsideration must "set forth a clear and <br />thorough explanation of the grounds justifying reconsideration, including but not <br />limited to new and relevant facts that were not known at the time of the hearing <br />and the explanation why such facts were not known at the time of the hearing." <br />Rule 2.9.1(2). The Operator failed to present new and relevant facts or other <br />grounds justifying reconsideration. <br />8. The Board may consider petitions for reconsideration based only on <br />written submittals in support of the petition or written opposition thereto or the <br />Board may allow the parties to present oral arguments. Rule 2.9.3. The Board <br />granted the Operator and the Division an opportunity to present oral argument on <br />the merits of the petition. <br />MS Forest, LLC <br />MSF/Feister Pit #1, M- 2006 -010 <br />W- 2011 -018 <br />Pa <br />