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CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2012) ( "Act "). <br />7. Under section 34- 32.5- 116(3)(a), C.R.S., operators are required to <br />submit an annual fee, report, and map showing information including, but not <br />limited to, the extent of disturbance to affected land, reclamation accomplished, <br />anticipated disturbances, and reclamation to be performed. The Operator failed to <br />submit the annual fee and report due on February 25 in 2011, 2012, and 2013, in <br />violation of section 34- 32.5- 116(3)(a), C.R.S. <br />8. Under section 34- 32.5- 116(3)(b), C.R.S. and Rule 3.3.5 of the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br />Extraction of Construction Materials ("Rules "), where an operator is late in paying <br />an annual fee by more than sixty days, the Division is required to set the matter <br />for hearing before the Board for permit revocation and forfeiture of the financial <br />warranty. The Operator failed to pay annual fees for more than sixty days after the <br />due dates. <br />9. The Board may suspend, modify, or revoke a permit if it finds, after <br />hearing, that a permit violation has occurred. C.R.S. § 34- 32.5- 124(6)(a) (2012). By <br />failing to submit the annual fee and report, the Operator is in violation of permit <br />number M- 2000 -047. <br />10. A financial warranty is subject to forfeiture when the Board determines <br />that the operator is in default under a performance warranty and fails to cure the <br />default although the operator has received written notice and has had ample time to <br />cure such default. C.R.S. § 34- 32.5- 118(1)(b) (2011). Failure to comply with the Act <br />and permit provisions constitutes violation of a performance warranty. By failing to <br />submit the annual fee and report in violation of the Act and permit number M -2000- <br />047, the Operator is in default under the performance warranty. <br />11. Prior to terminating the life of a mine, the operator must be given sixty <br />days' notice. C.R.S. § 34- 32.5- 103(d)(11) (2012). The Division provided adequate <br />notice to the Operator concerning possible revocation of the permit number M -1989- <br />099 in compliance with section 34- 32.5- 103(d)(11), C.R.S. <br />12. The Board is required to give operators at least thirty days' notice and <br />grant the operator the right to appear at a Board hearing on a possible forfeiture of <br />financial warranty. C.R.S. § 34 -32.5- 118(2) (2012). The Division provided adequate <br />notice to the Operator concerning possible forfeiture of financial warranty in <br />compliance with section 34- 32.5- 118(2), C.R.S. <br />Diamond B Enterprises, LLC <br />M- 2000 -047 <br />MV- 2013 -018 2 <br />