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7. The Division inspected the site on November 30, 2012. <br />8. On December 17, 2012, the Division issued Notice of Violation number <br />CV-2012-009 ("NOW) to the Operator for falling to obtain a valid permit and failing <br />to complete reclamation as required by the permit, the Colorado Surface Coal <br />Mining Reclamation Act, Article 33 of Title 34, C.R.S. (2012) ("Act") and the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, 2 <br />C.C.R. 407-2 ("Rules"). The Operator received the NOV on December 27, 2012. <br />9. The NOV required the Operator to abate the violations on or before <br />December 31, 2012. The NOV notified the Operator that it has a legal right, under <br />section 34-44-124(1), C.R.S., to request review of the NOV in a hearing before the <br />Board. The Operator did not file a written response or request a hearing on the NOV. <br />10. The Operator failed to abate the violations at the site by December 31, <br />2012, in violation of the NOV, or at any time since. <br />11. The Division inspected the site on January 9, 2013. <br />12. On January 14, 2013, the Division issued Cessation Order number CO- <br />2013-001 ('CO") to the Operator, finding that the Operator failed to timely abate the <br />violations identified in the NOV. The CO required the Operator to cease and desist <br />operations at the site. The Division issued civil penalties that required the Operator <br />to pay $3,000 and a penalty for the CO and a penalty $750.00 per day for the thirty <br />days beyond the abatement deadline that the Operator failed to abate the violations <br />in the NOV for a total penalty of $25,500.00. The Operator received the CO on <br />January 17, 2013. <br />13. The CO required the Operator to abate the violations by January 25, <br />2013. The CO notified the Operator that it has a legal right, under section 34 -44- <br />124(1), C.R.S., to request review of the CO in a hearing before the Board. The <br />Operator did not file a written response or request a hearing on the CO. <br />14. The Operator failed to abate the violations at the site by January 25, <br />2013, in violation of the CO, or at any time since. <br />15. On February 25, 2013, the Division issued to the Operator an Order to <br />Show Cause why Permit Should Not be Suspended or Revoked ('Show Cause <br />Order"). The Division mailed the Show Cause Order on February 28, 2013; the <br />Operator received the Show Cause Order on March 2, 2013. <br />16. The Operator did not file a written response or request a Board review <br />of the Show Cause Order. <br />17. The Division holds a financial warranty for the site totaling $160,000.00, <br />consisting of a certificate of deposit for $100,000.00 from First Colorado National Bank <br />Bear Coal Company <br />Bear Mine No. 3, C-1981-033 2 <br />