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and a certificate of deposit $60,000.00 from Wells Fargo Bank West, N.A. The Division <br />recalculated the financial warranty in July 2011. The bond is sufficient to cover cost of <br />remaining reclamation. <br />18. The Operator has not completed reclamation of the site, conducted required <br />maintenance at the site, or demonstrated compliance with bond release criteria. <br />19. The Board has jurisdiction over this matter pursuant to the Act. <br />20. Pursuant to section 34-33-109(1), C.R.S. and Rule 2.01.3, surface coal <br />mining and reclamation operations may not be conducted without a permit issued <br />under the Act. Section 34-33-109(5), C.R.S. provides that the term of such permits <br />may not exceed five years. The Operator failed to renew its permit, which expired <br />in 2012, in violation of section 34-33-109, C.R.S. because the Operator had not <br />completed its reclamation obligations at the mine site. <br />21. Section 34-33-120(2), C.R.S. and the Rules require operators to meet <br />general performance standards for coal mining and reclamation operations. The <br />Operator failed to (a) complete ditch and pond reclamation; (b) establish a diverse, <br />effective and permanent vegetative cover; and (c) assume responsibility for <br />revegetation, in violation of section 34-33-120(2)(j)(iii), (s), (t), C.R.S. and Rules <br />4.05.2(2), 4.15.8, and 4.15.10(1). <br />22. When the Division finds an operator in violation of the Act or the <br />permit, the Division shall issue a notice of violation. § 34-33-123(2), C.R.S. (2012). <br />The Operator violated the Act and the permit. The Division properly issued the <br />NOV to the Operator. <br />23. Under section 34-33-123(3), C.R.S., if an operator fails to abate the <br />violations cited in a notice of violation, the Division shall issue an order of cessation of <br />the surface coal mining and reclamation operations. The Operator failed to abate the <br />violations cited in the NOV. The Division properly issued the CO to the Operator. <br />24. Further, if an Operator fails to abate the violations cited in a notice of <br />violation for more than thirty days past the abatement deadline, Rule 5.04.6(4) <br />requires the Division to take one of the listed enforcement actions to ensure the <br />violations will not reoccur, which listed actions include revocation of the permit <br />pursuant to section 34-33-123(7), C.R.S. <br />25. Under section 34-33-123(7), C.R.S. and Rule 5.03.3(1), when the <br />Division determines that a pattern of violations of the Act or a permit exists and that <br />such violations are caused either by unwarranted failure to comply or willful <br />noncompliance, the Division must issue an order to show cause why the permit <br />Bear Coal Company <br />Bear Mine No. 3, C-1981-033 3 <br />