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14. On January 16, 2015, the Division received Operator's assent to the <br />conditions for approval of the corrective action deadline. Specifically, the Division <br />received its December 19, 2014 letter bearing the signature of Operator's authorized <br />representative, Joe Thomeczek, dated January 16, 2015. <br />15. On March 30, 2015, the Division received evidence of Operator's <br />completion of the first task outlined in the Division's December 19, 2014 letter <br />(submission of proof of legal right to enter the site) which was due by March 31, 2015. <br />16. On May 18, 2015, the Division received evidence of Operator's <br />completion of the second task outlined in the Division's December 19, 2014 letter <br />(submission of proof of beginning to remove noxious weeds) due by April 30, 2015. <br />17. The Division has not received evidence of Operator's completion of the <br />third task outlined in the Division's December 19, 2014 letter (begin removal of <br />stockpiled material) due by May 31, 2015, or at any time since. <br />18. The Division has not received evidence of Operator's completion of the <br />fourth task outlined in the Division's December 19, 2014 letter (begin grading slopes <br />of pond banks to 3H:1V or flatter) due by June 30, 2015 or at any time since. <br />19. On July 21, 2015, the Division contacted Mr. Joe Thomeczek, the <br />Operator by telephone to determine whether past -due tasks outlined in the <br />Division's December 19, 2014 letter had been completed, as the deadlines of May 31, <br />2015 and June 30, 2015 had passed without with no evidence of Operator's <br />completion of the third and fourth tasks. Mr. Thomeczek stated that Operator <br />would not be able to complete the required corrective actions and that the Division <br />should proceed with any necessary actions. <br />20. The Division has not received evidence of Operator's completion of the <br />fifth task outlined in the Division's December 19, 2014 letter (removal of all noxious <br />weed species from disturbed area) due by July 31, 2015, or at any time since. <br />21. On August 18, 2015, the Division sent the Operator a Reason to <br />Believe a Violation Exists letter. The letter provided notice regarding the alleged <br />violations and information about the September 23, 2015 hearing before the Board. <br />22. On September 11, 2015, the Division approved Operator's request to <br />continue the enforcement hearing scheduled for September 23, 2015 to the October <br />28-29, 2015 Board meeting. <br />23. On September 30, 2015, the Division conducted a follow-up inspection <br />to reassess site conditions. Judy Thomeczek attended the inspection on behalf of <br />Bent County Ready Mix <br />Thomeczek Pit, M-1995-007 <br />MV -2015-026 <br />4 <br />