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5. The Operator failed to post additional financial warranty by July 12, <br />2013. <br />6. On July 15, 2013, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged <br />violations and information about the September 18, 2013 hearing. <br />7. On September 18, 2013, the Board initially heard this matter and <br />determined that the Operator (a) failed to maintain a sufficient financial warranty <br />in violation of section 34- 32.5- 117(4)(b)(I), C.R.S. and Rules 4.2.1(1) and (4) of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials ( "Rules "); and (b) failed to fulfill new <br />financial warranty requirements within sixty days of the notice of an adjustment, in <br />violation of section 34- 32.5- 117(4)(c)(II), C.R.S. and Rules 4.2.1(2). The Board <br />ordered the Operator to cease and desist activities at the site, ordered permit <br />number M- 2000 -067 revoked, found the financial warranty to be subject to <br />forfeiture, and imposed a $3,300 civil penalty. The Board's order was set forth in a <br />written order effective October 9, 2013 ( "October 2013 Order "). <br />8. On September 20, 2013, the Operator submitted the required financial <br />warranty. <br />9. On October 17, 2013, the Operator agreed to the Division's <br />recommendations, as set forth herein. <br />CONCLUSIONS OF LAW <br />10. 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. (2013) ( "Act "). <br />11. Under section 34- 32.5- 117(4)(b)(I), C.R.S. and Rule 4.2.1(1) and (4), <br />every operator must maintain a financial warranty sufficient to assure completion <br />of reclamation of affected lands. The Operator posted sufficient financial warranty. <br />12. Under section 34- 32.5- 117(4)(c)(II), C.R.S. and Rule 4.2.1(2), an operator <br />has sixty days after the date of notice of an adjustment to fulfill new financial warranty <br />requirements. The Operator fulfilled the new financial warranty requirements. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />reinstates permit number M- 2000 -067. <br />Beavers Construction Company/High Mesa Gravel, LLC <br />High Mesa Gravel Pit, M- 2000 -067 <br />W- 2013 -030 <br />2 <br />