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16. On September 21, 2012, the Division mailed the Operator and the Operator's <br />financial warrantor notice that the Board would consider forfeiture of the financial warranty at <br />the October 2012 Board meeting. <br />17. On October 2, 2012, the Division held a meeting with the Operator to discuss <br />alternative means of complying with the May 2012 Order. <br />CONCLUSIONS OF LAW <br />18. The Board has jurisdiction over this matter pursuant to the Act. <br />19. Pursuant to section 34- 32.5 -124, C.R.S., the Board may find a violation and <br />impose a penalty when it finds that an operator has failed to comply with the conditions of an <br />order, permit, or regulation. The Operator failed to complete the corrective action ordered in <br />December 2011 Order and the May 2012 Order. <br />20. Under section 34- 32.5- 118(1)(b), C.R.S. a financial warranty shall be subject to <br />forfeiture whenever an operator fails to cure a default under a performance warranty. The <br />Operator received written notice of his default under a performance warranty and failed to cure <br />the default despite ample time to do so, <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby enters <br />the following order: <br />The Board finds that the Operator is in violation of the Act pursuant to section 34 -32.5- <br />124, C.R.S., for failure to comply with an order, permit, or regulation. <br />The Board finds that the Operator is in violation of the Act, pursuant to section 34 - <br />118(1)(b), C.R.S. for failing to cure a default under a performance warranty despite having <br />received written notice of the default and having ample time to cure the default. <br />The Board imposes against the Operator the following CORRECTWE ACTION: the <br />Operator shall, within thirty (30) days of the effective date of this Order, submit to the Division in <br />an approvable form all materials necessary to allow the Board or the Division to issue a 110c <br />Reclamation Only permit for the disturbed areas which are outside the current permit boundary. <br />DONE AND ORDERED this -.2S day of 2012. <br />Ignacio Vasquez, Sr. <br />Perdue Site, M - 2000 - 089 <br />MV - 2012 - 016 <br />FOR THE COLORADO MINER LAND <br />RECL • IO BO <br />Ca erine Kraeger - Rovey, <br />3 <br />