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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2018-013 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF POSSIBLE VIOLATIONS BY DEB RUDIBAUGH, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO POST ADDITIONAL FINANCIAL WARRANTY WITHIN SIXTY <br />DAYS OF THE DATE OF NOTICE OF ADJUSTMENT, FAILURE TO CONTROL <br />UNSIGHTLINESS OR DELETERIOUS EFFECTS OF REFUSE, AND FAILURE <br />TO MAINTAIN ADEQUATE SIGNAGE, File No. M-1995-057 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />June 27, 2018 in Denver, Colorado to consider a possible violation by Deb Rudibaugh <br />(';Operator'`), cease and desist order, corrective actions, and civil penalties for failing <br />to post additional financial warranty within sixty days of notice of adjustment, <br />failure to control unsightliness or deleterious effects of refuse, and failure to <br />maintain adequate signage, file number M-1995-057. Carol Trautman appeared on <br />behalf of the Operator. Dustin Czapla appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division''). <br />The Board, having considered the parties' presentations, the materials <br />presented, and being otherwise fully informed of the facts in the matter, enters <br />the following: <br />FINDINGS OF FACT <br />1. Operator holds a 110(c) permit for a 9.9 -acre sand and gravel mining <br />operation located in Section 4, Township 49 North, Range 3 East, New Mexico <br />Principal Meridian in Gunnison County, Colorado, permit number M-1995-057. <br />The site is known as the Rubidaugh Pit, <br />2, On June 13, 2017, the Division conducted an inspection of the site. <br />The inspection report was signed on June 19, 2417. During the inspection, the <br />Division determined that roughly one acre in the southeast portion of the permit <br />area is being used as a junkyard. At the time of the inspection, there were <br />approximately fifty junk vehicles and other refuse stored on site. According to the <br />inspection report, the junk vehicles and trash has been an issue in previous <br />inspections and had not been remedied. The Division informed Operator in the <br />June 19, 2017 inspection report that the junk and refuse would either have to be <br />removed or the financial warranty would have to be increased to cover the cost of <br />