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12. The Operator failed to pay the $9,800 civil penalty ordered in the <br />December 2011 Order. <br />13. On January 9, 2012, the Division issued a Reason to Believe a <br />Violation Exists letter to the Operator informing it of the possible violations related <br />to its failure to comply with the December 2011 Order. The letter also provided <br />information about the February 8, 2012 hearing. <br />14. The Division holds a financial warranty for the Gold Hill Mill, file <br />number M- 1994 -117 in the amount of $47,243.00. <br />15. On February 7, 2012, Mark Steen submitted a document entitled "The <br />Underlying Landowners' Formal Petition for Postponement of Proceedings and <br />Notice of Intent to File a `Request for Transfer of Construction Material Permit and <br />Succession of Operations ' ( "Petition for Postponement"). The Division, through <br />Assistant Attorney General Steven Nagy, submitted a Response to Petition for <br />Postponement, asserting, among other things, that Mr. Steen had no standing to <br />petition the Board. At the hearing, the Board received presentations by Mr. Steen <br />and the Division on the limited question of whether Mr. Steen had standing to <br />petition the Board. After consideration, the Board found that Mr. Steen and the <br />entities he claims to represent do not constitute parties to this proceeding and <br />determined not to consider the Petition for Postponement. <br />CONCLUSIONS OF LAW <br />16. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2011) ( "Act "). <br />17. Pursuant to section 34 -32 -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 (a) failed to complete <br />the corrective actions, and (b) failed to pay the civil penalty ordered in the <br />December 2011 Order. <br />18. Under section 34- 32- 118(1)(b), C.R.S. and Rule 4.20(1)(b) of the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock, Metal, and Designated Mining Operations (2 C.C.R. 407 -1) ( "Rules "), a <br />financial warranty shall be subject to forfeiture whenever an operator fails to cure a <br />default under a performance warranty. The Operator, by being in violation of the <br />Act, is in default under a performance warranty and has failed to cure that default. <br />AGC Resources, LLC <br />Gold Hill Mill, M- 1994 -117 <br />MV- 2012 -005 <br />3 <br />