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11. On May 24, 2018, the Division mailed a Notice of Possible Violation <br />Letter by certified mail, return receipt requested, to the Operator for failure to post <br />the additional financial warranty within sixty days. <br />12. At the June 27, 2018 hearing, the Division presented testimony through <br />Dustin Czapla regarding the alleged violations. The Division described the junked <br />vehicles and other refuse on the site and stated that the increase in financial <br />warranty was necessary to remove those materials from the permitted area as part of <br />reclamation. The Division described a history of Operator's failure to remove junk <br />and refuse from the site, and Mr. Czapla stated that the increase in financial <br />warranty was necessary given the past failures to comply with the Division's <br />directions regarding junk and refuse on the site. <br />13. Carol Trautman appeared at the hearing on behalf of Operator. Ms. <br />Trautman stated that she was acting on behalf of Operator and had taken steps to <br />have the junk and refuse cleaned up, including evicting the person responsible for <br />storing the junk and refuse on the site. Though Ms. Trautman stated that she had a <br />power of attorney to act for the Operator, she did not have the documentation with <br />her at the hearing. Ms. Trautman indicated that she was willing to post a sign with <br />the required information. <br />CONCLUSIONS OF LAW <br />14. 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. (2017) ("Act"). <br />15. Under section 34-32.5-116(4)(e), C.R.S., operators are required to <br />dispose of all refuse in a manner that controls the unsightliness or deleterious <br />effects of the refuse. By utilizing part of the permitted area as a junkyard, Operator <br />has failed to control the unsightliness or deleterious effects of refuse in violation of <br />section 34-32,5-116(4)(e), C.R.S. <br />16. Financial warrantors are required to submit an increase in financial <br />warranty within sixty (60) days of the date of a notice of an adjustment. C.R.S. 34- <br />32.5-117(4)(c)(II). Operator received written notice of an increase in financial <br />warranty for the site and failed to submit the increased financial warranty within <br />sixty (60) days of that notice or at any time since. <br />17. Rule 3.1.12(1) requires that all operators must post a sign at the <br />entrance to the mine site, which must be clearly visible from the access road, <br />identifying the name of the operator, stating that a reclamation permit has been <br />issued by the Board, and listing the permit number. Operator has failed to <br />Deb Rudibaugh <br />M-1995-057 <br />MV -2018-013 <br />3 <br />